L  r 


ACTS 


OT 


THE  GENERAL  ASSEMBLY 


OF    THi 


STATE    OF    SOUTH    CAROLINA, 


PASSED    IN 


DECEMBER,    1861. 




PRINTED  BT  ORDER  OF  THE  LEGISLATURE,  IN  CONFORMITY  WITH  THE  STATUTES 

AT   LARGE,  AND    DKSIONKD   TO   FORM   A  FART   OF   THE   THIRTEENTH 

VOLUME,    COMMENCING    WITH    THE   ACTS,  OF    1861. 


i  I 


COLUMBIA,  S.   C: 
CHARLES  P.  PELHAM,  STATE  PRINTER. 


1862. 


/ 


1 


George  Washington  Flowers 
Memorial  Collection 

DUKE  UNIVERSITY  LIBRARY 


ESTABLISHED   BY  THE 
FAMILY  OF 

COLONEL  FLOWERS 


ACTS 
l 


.      OF 

r 


THE  GENERAL  ASSEMBLY 


OF    THE 


STATE    OF    SOUTH   CAROLINA, 


PASSED    IN 


DECEMBER,    1861 


PRINTED  J1Y  ORDER  OF   THE   LEGISLATURE,  IH  CONFORMITY  WITH  THE  STATUTES 

AT   LARGE,    AND  DESIGNED   TO   FORM   A   PART   OF  THE   THIRTEENTH 

VOLUME,   COMMENCING    WITH   THE   ACTS   OF    1861. 


COLUMBIA,    S.    C. : 

CHAKLES  P.  PELHAM,  STATE  PKINTEK. 

JS62. 


finu 


LIST   OF   ACTS 

PASSED    AT    THE    SESSION    OF    1861. 


An  Act  to  raise  Supplies  for  the  year  commencing  in  October,  one  thou- 
sand eight  hundred  and  sixty-one  1 

An  Act  to  make  Appropriations  for  the  year  commencing  in  October, 

one  thousand  eight  hundred  and  sixty-one 4 

An   Act  to  amend  and  suspend  certain   portions  of  the    Militia    and 

Patrol  Laws  to  ihi>  State '. 11 

An  Act  to  afford  Aid  to  the  Families  of  Soldiers !•"> 

An  Act  to  provide  more  efficient  Police  Regulations  for  the  I'istricts 

on  the  Sea-Board 1<"> 

An  Act  to  extend  relief  to  Debtors,  and  to  prevent   the  sacrifice  of 

Property  at  public  sales 18 

An  Act  to  enable  Volunteers  in  the  Military  Service  to  exercise  the 

Right  of  Suffrage 20 

An  Act  to  authorize  the  City  Council  of  Charleston  to  issue  and  put  in 

circulation  Notes  receivable  in  Taxes  or  !  >ncs  to  the  Citj 21 

An  Act  to  amend  an  Act  eutitled  "An   Act   to  provide  a  Patrol  and 

Military  Guard  For  the  <  lity  of  <  Iharleston,  and  for  other  purposes."     22 
An  Act  to  provide  for  the  payment,  by  the  State,   of  the   War   Tax  of 

the  Confederate  States,  and   for  the  collection   of  the  same  from 

the  tax-payers  in  this  State 23 

An  Act  to  authorize  the  issue  of  Stock  to  the  amount  of  one  million 
lit  hundred  thousand  dollars,  tor  the  Military   Defence  of  the 

State,  and  for  other  purposes -     2<> 

An  Act  for  rebuilding  the  City  of  Charleston,  after  the  recenl  t  on- 

flagration "....     28 

An  Act  to  incorporate  the  Insurance  and  Trust  Company  of  Charleston, 

and  the  Calhoun  insurance  Compan] ">4 

An  Act  in  reference  to  the  Suspension  of  Specie  Payments  by  the 

Banks  of  this  State,  and  for  other  purposes 42 


iv  LIST    OF    ACTS. 

An  Act  to  incorporate  the  Trenhohn  Mutual  Insurance  Company I      1 1 

An  Act  to  charter  a  Cotton  Planters'  Loan  Association 45 

An  Act  to  incorporate   the  Mutual  Fire   Insurance  Company   of  Co- 
lumbia     48 

An  Act  to  grant  exemption  to  certain  Free  Persons  of  Color  who  shall 

return  to  this  State,  from  Penalties  now  provided  by  Law 53 

An  Act  to  incorporate  the  Carolina  Insurance  Com  pan  \ 53 

An  Act  to  amend  an  Act  entitled  "  An  Act  to  aid  in  the  construction 

of  the  Georgetown  Railroad." 57 

An  Act  to  incorporate  the  Palmetto  Lyceum  of  Charleston 59 

An  Act  to  incorporate  the  Southern  Express  Company 60 

Au  Act  to  establish  certain  Roads,  Bridges,  and  Ferries,  and  to  renew 

and  amend  certain  Charters  heretofore  granted 64 

An  Act  tp  regulate  the  Reports  of  the  Railroad  Companies,  and  for 

other  purposes , 05 

An  Act  to  authorize  the  formation  of  a  Volunteer  Company  of  Light 
Artillery,    and    to    incorporate    the    same,    by    the    name  of  the 

"Waccamaw  Light  Artillery. " 67 

An  Act  to  aid  in  the  Construction  of  the  Barnwell  Railroad 68 

An  Act  to  incorporate  certain  Societies,  Associations,  and  Companies, 
and  to  renew  aud  amend  the  charters  of  others,  and   for  other 

purposes 70 

An  Act  to  amend  an  Act  entitled  "  An  Act-  creating  a  Military  Estab- 
lishment for  the  State  of  South  Carolina,  and  for  other  purposes."     72 
An  Act  to  amend  the  Charter  of  the  Union  Light  Infantry  Charitable 

Society  and  Company 74 

An  Act  to  incorporate  the  Florence  and  Fayetteville  Railroad  Company.     75 
An  Act  to  incorporate  certain   Religious  and  Charitable  Societies,  and 
Societies  for  the  Advancement  of  Education,  and  to  renew  aud 

amend  the  charters  of  others,  heretofore  granted 76 

An  Act  to  authorize  certain  Building  and  Loan  Associations  to  suspend 

the  call  for  Monthly  Instalments 77. 

An  Act  to  encourage  the  Manufacture  of  Suit  withiu  this  State 78 

An  Act  to  amend  an  Act  entitled  "  An  Act  to  incorporate  the  Cheraw 
aud  Coal  Fields  Railroad  Company  in  South,  Carolina."  ratified  on 
the  21st  day  of  December,  A    i>.  Jxf>7,  and  for  other  purposes...     79 

An  Act  to  incorporate  the  York  Gas-Light  Company 80 

An  Act  to  amend  au  Act  entitled  "An  Act  to  raise  Supplies  for  the 
year  commencing  in  October?  one  thousand  eight  huudred  and 

sixty,"  and  for  other  purposes 82 

An  Act  to    regulate    Elections    of   Members  of  the  Legislature  and 

others,  within  the  Parishes  of  St.  Philip  and  St.  Michael 83 


LIST    OF    ACTS.  v 

An  Act  to  suspend  the  ninth  section  of  an  Act  entitled  "  An  Act  to 
raise  Supplies  for  the  year  one  thousand  eight  hundred  and 
twenty-three,"  aud  for  other  purposes 84 

An  Act  to  authorize  the  Hoard  of  Trustees  and  Faculty  of  the  Medical 
College  of  South  Carolina  to  apply  certain  funds  to  the  payment 
of  Debt,  and  for  other  purposes 85 

An  Act  to  require  the  Circuit  Judges  to  Bend,  with  their  Reports  to 

the  Appeal  Court,  the  Notes  of  Evidence  taken  on  the  Trial 85 

An  Act  to  alter  and  amend  the  second  section  of  an  Act  entitled  "An 
Act  to  alter  and  amend  the  Law  in  relation  to  Fish  Sluices  on  the 
Catawba  and  YVateree  rivers,  and  for  other  purposes." 86 

An  Act  to  alter  the  time  of  holding  the  election  for  Ordinary  of  Ander- 
son District 86 

An  Act  to  confer  the  Rights  of  Legitimacy  on  a  certain  child  of  Mary 

Mullinax 87 

An  Act  to  authorize  Trustees  to  invest  Funds  in  Bonds  of  the  Con- 
federate States 87 

An  Act  to  amend  the  Law  as  to  the  Flection  of  Officers  of  the  South 
Carolina  College 88 


// 


STATUTES    AT    LARGE.  *»-■ 


AN  ACT  to  raise  Supplies  for  the  year  commencing  in  October,    No.  4566. 

THOUSAND    EIGHT    HUNDRED    AM)    slXTV-nNH. 

I.  Br  it  mm/.,!  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  G<  neral  Assembly,  and  by  the  authority  of  the  same,  That  a 
tax  tor  the  sums  and  in  the  manner  hereinafter  mentioned,  shall  be  raised 
and  paid  into   the  Treasury  of  this  State,  tor  the   use  ami  Bervioi   I 
thai  :  one  dollar   and  thirty  cents,  ad  •  n  every  hundred  Land, 

dollars  of  the  va'ue  of  all  lands    grained    in  this    State,  according   to  the 
existing  classification  as  heretofcre  established;  one  hundred   and  iwenr 
six  cents  per  head  on  all  slaves:    Provided,   That  all  lands  or   slaves  in  this  Exemption. 
State,  now  in  possession   or  u.-.der  the  control  of  tin'  enemy,  and  such  "thcr 
lands  nr  slaves  ;is  may  be  taken  bj  the   enemy  before  the  return  of  the  said 
property  to   the  Tax  Collector,  and  also  such  other  lands  as    hall  have  been 
abandoned  by  the  owners  in   consequence  of  the  action  of  the  military 
authorities,  shall  be  exempt  from  taxation  under  this  Act  ;  tl  roe  dollars   on  Froe negroas. 
each  free  negro,  mulatto  or  mestizo,  between  the  ages  of  fifteen  and  fifty 
years     except  BUCn   a?    shall  clearly  be  proved  to   the   satisfaction    of  the 
Collector  to  be  incapable,  from  maims  or  otherwise,  of  procuring  a  liveli- 
hood, and    except  those    who    now  are.  or    have    at   any    time    been,  in    the 
service  of  the  army  of  this  State  or  of  the  Confederate  States,  in  the  existing 
war;  twenty-two  cents,  ad  valorem,  on  every  bundled  dollars  of  the  value  of  i-°'«  »nd  build- 
all   lots,  lands  and  buildings  within   auy  city,  town,    village   or   borough   in 
ate  :    Proiidid,  That  the    tax  on  lands   and   buildings  in  the   City  of 
Charleston  be  assessed  on  the  value  of  the  lands  only,  where  the  buildings 
andlniprovementsnn  the  land  have  been  destroyed  by  the  late  conflagration  : 
Andp  That  no   tax  shall  be  levied  on  lots,  lands  and  build- 

ings within  any  city,  town,  villagl  or  borough,  in  this  State  which  have 
passed  into  the  po  -■  ssion  or  under  the  control  of  the  enemy,  or  which  may 
pass  iuto   the  po^essiou  or  uuder  the    control  of  the  enemy  before   returns 


STATUTES    AT    LARGE 


A. D.  1861. 


F&CtOfAJ 

I  i-    Ml-. 

omces.  &Ci 


Commissions. 


Bank  capital. 


Business 
agents. 


I .-  ;m<l  Insu- 
rance conipa- 


Merchandise. 


Transient  mer- 
chandise- 


Circus  and 

ezhibi" 

tions. 


Moneyi 
Invested. 


are  made  to  ihe  Tax  Collectors  ;  one  hundred  cents  per  hundred  dollars  on 
factorage,  employments,  faculties  aud   pn  including  the  profee 

of  dentistry,  and  including  herein  'Jlerks  of  Courts  of  Common  Pleas  and 
General  Sessions,  Sheriffs,  Masters  and  Commissioners  in  Equity,  Regis 
in  Equity,  Registers  of  Mesne  Conveyance,  Ordinaries  and  Coroners, 
whether  in  the  profession  or  employment  of  law  or  equity  the  profits  he 
derived  from  the  costs  of  suit,  fees,  or  other  sources  of  professional  income, 
except  clergymen,  schoolmasters,  schoolmistresses  and  mechanics;  one  hun- 
dred cents  on  every  hundred  dollars  on  the  amount  of  commissions  received 
by  vendue  masters  and  commission  merchants;  forty  cents  per  hundred 
dollars  ou  the  capital  stock  paid  on  the  first  of  October,  one  thousand  eight 
hundred  and  sixty-one,  of  all  banks  which,  for  their  present  i  harters,  have 
not  paid  a  bonus  to  the  State;  eighty  cents  per  hundred  dollars  on  the 
capital  stock  of  any  bank  of  issue  not  incorporated  by  this  State,  paid  in 
on  the  first  day  of  October,  one  thousand  eight  hundred  and  sixty-one, 
doing  business  by  agents  within  the  limits  of  this  State;  forty  cents  per 
hundred  dollars  on  the  capital  stock  of  all  incorporated  gas-light  companies) 
one  and  a  half  per  centum  on  all  premiums  taken  in  this  .State  by  incorpo- 
rated insurance  companies,  and  by  the  agencies  in  this  State,  acting  in 
behalf  of  insurance  companies  and  underwriters  without  the  limits  of  this 
State  ;  twenty  two  cents  on  every  hundred  dollars  cf  the  amount  of  sales  of 
goods,  wares  and  merchandise,  embracing  all  articles  of  trade  for  sale,  barter 
or  exchange,  (the  products  of  this  State,  and  the  unmanufactured  products 
of  any  of  the  States  of  the  Confederate  States  excepted,)  which  any  person 
shall  have  made  from  the  first  day  of  January,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  to  the  first  day  of  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixiy-two,  either  on  his, 
her  or  their  capital,  or  borrowed  capital,  or  on  account  of  any  person  or 
persons,  as  agent,  attorney  or  consignee  ;  ninety  cents  upon  every  hundred 
dollars  of  the  amount  of  sales  of  goods,  wares  and  merchaudise  whatever, 
which  any  transient  person,  not  resident  in  this  State,  shall  make  in  any 
house,  stall  or  public  place,  whether  the  said  sale  be  made  by  sample  or 
otherwise;  twenty  dollars  per  day  for  all  circus  exhibitions;  five  dollars  per 
day  for  representing  publicly,  for  ga^n  and  reward,  any  play,  comedy, 
tragedy,  interlude  or  farce,  or  other  employment  of  the  stage,  or  any  part 
therein,  or  for  exhibiting  wax  figures  or  other  shows,  of  any  kind  whatever, 
to  be  paid  into  U13  hands  of  the  Clerks  of  the  Courts,  respectively,  who 
shall  be  bound  to  pay  the  same  into  the  Treasuries  of  the  State  of  South 
Carolina,  except  in  cases  where  the  sama  is  now  required  by  law  to  be  paid 
to  the  corporations  or  otherwise  ;  one-teuui  of  one  per  cent,  on  all  moneys 
loaned,  moneys  at  interest,  all  moneys  invested  in  the  stocks  or  bonds  of  any 
State  or  corporation,  other  than  bonds  or  stocks  of  this  State,  and  other 


OF    SOUTH    CAROLINA.  3 

than  the  stocks  of  the  banks  and  railroad  companies  of  this  State;  one      A.D.MS1. 
hundred  and   fifty  cents  for  every  hundred  dollars  of  gross  receipts  of  all  ^^ 
commercial  agencies  within  the  limits  of  this  State  ;  thirteen  cents  on  everj 
pack  of  playing  cards  sold   in  this  State:  fifteen  dollars  upon  every  billiard  cards  and 
table  within  this  State,   u  ed  to  and  for  the  purpose   of  raisins;  a  revenue 
therefrom  ;  one  hundred  cents  on  the  hundred  dollars  of  all  salaries,  includ-  Salaries. 
iti'_'  public  offices,  except  officers  of  the  army  and   navy,  and  on  all  wi 
from  whatever  source  derived,  except  wages  of  five  hundred  dollars  or  less 
per  annum. 

II.  All  taxes  levied  on  property,  as  prescribed  in  the  first  section  of  this  Tnxes.towhom 

cxvsblo. 

Act,  shall  be  paid  to  the  Tax  Collector  for  the  tax  district  in  which  said 
property  is  located.  The  commissions  to  be  received  by  the  various  Tax 
Collectors  of  this  State,  for  the  year  commencing  on  the  first  day  of  October, 
one  thousand  eight  hundred  and  sixty-one,  shall  he  at  the  rate  of  seventy 
per  centum  of  the  commissions  new  allowed  them  by  law. 

III.  The  Tax  Collectors  in  the  several  districts  and  parishes  in  this  State,  police  taxes, re- 
in  their  returns  hereafter  to  be  made,  are  hereby  required  and  enjoined  to 

state  the  precise  amounts  of  taxes  collected  by  them  for  supporting  the  police 
of  the  said  several  districts  and  parishes  aforesaid,  stating  the  rates  per 
centum  on  the  amounts  of  the  State  tax  collected  for  said  district  and 
parish  police  purposes,  and  the  total  amount  of  commissions  received  by 
each  and  every  of  such  Tax  Collectors,  and  the  rate  per  centum  of  his 
commissions,  and  the  Comptroller  General  shall  return  the  same  in  bis 
report. 

IV.  Free  negroes,  mulattoes  and  mestizoes,  are  hereby  required  to  make  Free  negroes, 
their  returns  and  pay  their  taxes  during  the  month  of  March ;  and  the  Tax  returns  °  ■ 
Collector  of  St.   Philip's  and  St.   Michael's  is  allowed   until  the  month  of 

May  to  receive  the  taxes  of  white  persons. 

V.  The  lots  aiuj  houses  on  Sullivan's  Island  shall  be  returned  to  the  Tax  Houses  and  lots 
Collector  of  the  tax  district  in  which   they  are  situate,  in   the  same  manner  Liand. 

as  other  town  lots  and  houses,  aud  shall  be  liable  to  the  same  rates  of 
taxation  :  provided,  That  lots  and  houses  destroyed,  or  occupied  without 
compensation,  by  the  military,  or  used  for  military  purposes  without  com- 
pensation, or  ordered  to  be  vacated  by  military  authority,  before  returns  are 
made,  shall  be  exempt  from  taxation.  That  the  President  of  the  Columbia  Bank  of  s>  ,., 
Branch  of  the  Bank  of  the  State  of  South  Carolina  do  pay  into  the  Treasury  pSS^j.  '° 
Of  this  State  the  following  sums,  to  wit :  The  sum  of  seventeen  thousand  five 
hundred  and  fourteen  dollars  and  ninety  cents,  now  on  deposit  in  said 
Branch,  and  derived  from  the  (^vernment  of  the  United  States,  as  the 
portion  of  South  Carolina  for  sales  of  public  lands,  received  during  the 
administration  of  Governor  Mauuing.     Also,  the   sum  of  sixteen  hundred 


4  STATUTES    AT    LARGE 

a. D.  1861.      and  fifty  dollars,  now  on    deposit  in  Baid  Branch,  and  which  is  the  balance 
'       i       '    of  bo  appropriation  fur  the  benefit  of  the  widows  and  orphans  of  the  Palmetto 
regiment. 

In  the  Senate  House,  the  I  -t  flay  of  December,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
'Una. 

WILLIAM  L».  PORTER,  Pretident  of  tht  Senate. 

JAMES  SIMONS,  Speaker  Ilousr  nf  11< presentatives. 


No.  4567.    AN  ACT  to   make  Appropriations  for  the  year  commencing  in 
October,  one  thousand  eight  hundred  and  sixty-one: 

I.  Br  it  enacted  by  the  Senate  and   House  of  Representatives,  now  met 

and  Bitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  the 

following  sums  be,  and    they  are   hereby,  appropriated  for  the   payment  of 

the  various  officers  and  expenses  of  the  State  Government  ;  that  is  to  say  : 

Executive  De-   In  the  Executive  Department:    For  the  salary  of  the  Governor,  three  thou- 
partment.  l  "' 

sand  five  hundred  dollars;  for  the  Private  Secretary  of  the  Governor,  five 

hundred  dollars  ;  for  the  Messenger  of  the  Governor,  two  hundred  and  fifty 
dollars  ;  fur  the  Contingent  Fund  of  the  Executive  Department,  ten  thousand 
dollars,  to  be  subject  to  the  draft  of  the  Governor,  and  to  be  accounted  for 
annually  by  him  to  the  Legislature;  for  the  rent  of  the  Governor's  house, 
in  Columbia,  one  thousand  dollars ;  for  the  pay  of  the  Special  Private  Secre- 
tary of  the  Governor,  for  his  services  during  the  past  year,  to  be  in  lull 
compensation  for  the  same,  fifteen  hundred  dollars  ;  fur  the  salary  of  the 
Special  Private  Secretary  of  the  Governor  for  the  present  year,  fifteen  hun- 
dred dollars. 
Legislative  De-  II.  In  the  Legislative  Department :  For  the  piy  of  the  Members  of  the 
Legislature,  and  the  Attorney  General  and  the  Solicitors,  during  the  present 
session,  and  of  the  Committees  appointed  to  inspect  the  Bank  of  the  State 
and  its  branches,  twenty  thousand  dollars,  if  so  much  be  necessary  ;  for  the 
pay  of  the  Members  of  the  Legislature  at  the  extra  session,  five  thousand 
dollars,  if  so  much  be  necessary;  for  the  salaries  of  the  Clerks  of  the  Senate 
and  Mouse  of  Representatives,  twelve  hundred  dollars  each  ;  for  the  salaries 
of  the  Assistant  Clerks  of  the  Senate  and  House  of  Representatives,  two 
hundred  and  fifty  dollars  each;  for  the  salaries  of  the  said  Clerks  aud  their 


parcment. 


OF   SOUTIT   CAROLINA.  5 

Assistants,  an  1  the  pay  of  the  Attorney  General  and  Solicitors,  at  the  extra     a.D.issi. 
session   of  the    Legislature,  four  hundred  ami  ninety  five  dollars;  for  the  y 

salar!e<  of  two   M  ami  two   Doorkeepers,  each  two  hundred  and 

fifty  dollars,  to  be  paid  at  the  adjournment  of  the  Legislature;  lor  the  s.dary 
of  the  Keep  r  of  the  State  House  and  Librarian,  seven  hundred  dollars; 
for  the  salaries  of  the  Reading  Clerks  of  the  Senate  and  House  of  Repre- 
sentative s.  each  two  hundred  and  fifty  dollars;  for  the  services  of  the  En- 
grossing Clerks,  to  he  paid  under  the  direct  m  ol  the  President  of  the 
Senate  and  of  the  Speaker  of  the  House  oi  R  presentatives,  four  hundred 
and  fifty  dollars;  for  the  printers  ol  the  Senate  ami  House  of  Representa- 
tives, in  pursuance  of  the  contracts  made  by  the  Committees  of  both  Housi 
four  thousand  dollars,  if  so  much  be  necessary,  for  the  printing  executed  by 
the  said  printers  during  the  present  session  of  the  Legislature,  the  same  to 
be  paid  to  them  as  soon  as  the  amounts  of  the  said  contracts  shall  be  ascer- 
tained by  the  Treasurer  of  the  Upper  Division  ;  for  the  printer,  for  printing, 
in  pamphlet  form  the  Acts  and  Journals  of  both  Houses,  Reports  and  Reso- 
lutions agreed  to.  the  Governor's  Messages,  Reports  of  the  President  of  the 
Bank  and  Comptroller  General,  with  the  accompanying  documents,  two 
thousand  live  hundred  dollars,  if  so  much  be  necessary  :  Provided,  That 
the  number  of  copies  specified  in  the  proposal  of  the  printers,  as  accepted 
by  the  Legislature,  shall  be  printed  and  deposited  in  the  office  of  the 
Treasurer  of  the  Upper  Division  before  the  twentieth  day  of  February 
next,  and  the  amount  to  be  paid  according  to  the  proposals,  which  shall  be 
ascertained  by  the  Treasurer  aforesaid:  And  further  provided,  that  the 
printer  of  Acts  and  Journals  do  publish  in  his  newspaper,  at  Columbia,  all 
the  public  Acts  which  my  be  passed  at  the  present  session,  within  twenty 
-  after  the  adjournment  of  the  Legislature,  and  forward  by  mail,  to  each 
mber  of  the  General  Assembly,  and  each  of  the  Judges,  a  copy  of  Mich 
newspaper,  as  Boon  as  such  paper  is  issued;  for  Theodore  Starke,  for  contin- 
gent during  the  present  session  of  the  Legislature,  six  hundred 
dollars,  if  so  much  lie  accessary  .  to  be  accounted  for  by  him  at  the  Treasury, 
and  reported  by  the  Treasurer  to  the  General  Assembly;  for  stationery, 
fuel,  distributing  Acts,  and  expenses  of  election  returns,  fourteen  hundred 
dollars,  if  so  n  uch  be  necessary. 

111.  lu  the  Judiciary  Department:  For  the  salary  of  the  Chief  Justice.  Judiciary  De- 
three  ii  usand  five  hundred  dollars;  for  the  salaries  of  the  Judges  and 
Chancellors,  three  thousand  dollars  each  ;  for  the  salary  of  the  Atf  rney 
sral,  eleven  hundred  dollars;  lor  the  salaries  of  live  Solicitors,  nine  huu- 
hundred  dollars  each;  for  the  i'l;rk  of  the  Court  of  Appeals,  in  Columbia, 
six  hundred   dollars;  for  the  f  the   Messenger  of  said  Court,  at 

Columbia,  two  hundred  dollars:     Provided,  It  .-bill  be  the  duty  of  the  said 
Messenger  to  summon   all   members  of  the   Bar  who  are   members  of  the 


5  STATUTES    AT    LARGE 

A.D.1861.  Legislature,  -when  their  cases  may  be  called  for  trial;  for  the  salary  of  the 
Librarian  of  the  Court  of  Appeals,  in  Columbia,  two  hundred  dollars,  the 
to  include  the  expenses  of  fuel  for  the  Court  of  Appeals  and  for  the 
Library  ;  for  the  Balary  of  the  Clerk  of  the  Court  of  Appeals,  in  Charleston, 
six  hundred  dollars  ;  for  the  salary  of  the  Messenger  of  the  said  Court,  in 
Charleston,  two  hundred  dollars;  for  the  salary  of  the  Librarian  of  the  Court 
of  Appeals,  in  Charleston,  two  hundred  dollars,  to  include  the  expense  of 
fuel  for  the  Court  of  Appeals  and  for  the  Library  ;  for  the  salary  of  the 
State  Reporter,  fifteen  hundred  dollars;  and  the  several  appropriations  afore- 
said, for  the  Clerks.  Librarians,  Messengers,  Reporter,  and  for  the  incidental 
expenses  of  the  Court  of  Appeals,  shall  be  paid  by  the  Treasurer  only  upon 
warrant  to  be  drawn  by  the  presiding  Judge  of  the  Court  of  Appeals,  at 
such  times  and  for  such  portions  as  they  may  deem  just  and  proper;  and  it 
shall  be  the  duty  of  the  said  Reporter  to  attend  in  person,  or  by  deputy,  the 
sittings  of  the  Courts  of  Appeals  and  Errors  in  Columbia  and  Charleston, 
and  to  report  such  arguments  and  statements  of  facts  as  may  be  nee 
to  a  correct  understanding  of  the  decisions  of  the  said  Courts  :  Pro 
That  the  Judges  of  the  Court  of  Appeals  ma}-,  if  they  think  proper,  an- 
nounce the  results  of  their  decisions  at  certain  stated  periods,  before  tiling 
their  opinions :  And  further  provided,  That  the  said  Reporter  shall  publish, 
in  one  or  more  of  the  newspapers  at  Columbia,  an  abstract  of  the  principles 
decided  by  the  Court  of  Appeals  in  its  opinions,  as  soon  as  practicable  after 
the  delivery  of  the  same;  for  the  pay  of  the  Jurors  and  Constables,  twenty- 
five  thousand  dollars,  if  so  much  be  necessary,  the  certificates  to  be  paid  at 
either  Treasury. 

Treasury  De-  IV.  In  the  Treasury  Department:  For  the  salary  of  the  Comptroller 
General,  two  thousand  dollars ;  for  the  salary  of  the  Clerk  of  the  Comptroller 
General,  seveu  hundred  and  fifty  dollars,  the  said  Clerk  to  be  appointed  and 
removed  at  the  pleasure  of  the  Comptroller  General;  for  the  salary  of  the 
Treasurer  of  the  Lower  Division,  and  for  clerk  hire,  two  thousand  dollars ; 
for  the  salary  of  the  Treasurer  of  the  Upper  Division,  and  for  clerk  hire, 
sixteen  hundred  dollars;  for  the  Assessor  of  St.  Philip's  and  St.  Michael's, 
for  making  out  and  affixing  assessments  of  each  return,  one  thousand  dol- 
lars ;  for  the  services  of  the  Comptroller  General,  for  copying  tax  books,  two 
hundred  dollars ;  for  additional  compensation  to  the  Treasurer  of  the  Lower 
Division,  for  the  performance  of  the  additional  duties  imposed  upon  him  by 
an  Act  entitled  "  An  Act  to  authorize  the  issue  of  certificates  of  stock  to 
provide  for  the  military  defence  of  the  State,"  ratified  the  twenty-second 
day  of  December,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty,  four  hundred  dollars;  for  printing  and  distributing  tax  returns,  seven- 
teen hundred  dollars. 


partnient. 


OP   SOUTH   CAROLINA. 

Y.  For  the  South  Carolina  College  :  For  the  salary  of  the   President  of 
the  College,  three  thousand   dollars;  for  the  salaries  of  seven  Professors  of8outh<JroHlia 
the  College,  two  thousand  lyve  hundred  dollars  each  ;  for  the  salary  of  the  College- 
Treasurer  of  the  College,  five  hundred  dollars;  for  the  salary  of  the  Librarian 

of  the  College,  six  hundred  dollars  ;  for  the  -salary  of  the  Secretary  of  the 
Board  of  Trustees,  two  hundred  dollars  ;  for  the  salary  of  the  Marshal,  five 
hundred  dollars,  also,  one  hundred  dollars   ($11  rror  in  the  appro- 

priation of  last  year;  the  salaries  of  the  President,  Professors,  Treasurer  and 
Librarian,  to  be  paid  by  the  Treasurer  of  the  U]  per  Division,  quarterly,  in 
advance,  their  drafts  being  oountersigned  by  the  Treasurer  of  the  Coll 

VI.  For  the  ordinary  Civil  Expenses:   For  the  payment  of  the  contin- ordinary  oivil 
gent  accounts  of  the  Upper  Division,  sixteen   thousaud  dollars,  if  so  much  e:tPensca 
be  necessary;  for  the  payment  of  the  contingent   accounts  of  the  Lower 
Division,  twenty-five  thousand  dollars,  if  so  much  be  neoessary  ;  for  the 
payment   oi  pensions  and  annuities,  one  thousand  dollars,  if  so  much  be 
necessary;  for  the  payment  of  such   claims  as   shall   be  admitted   by  the 

islature  at  its  present  session,  ten  thousand  dollars,  if  so  much  he  neces- 
sary; for  the  support  of  Free  Scl  rentj  lour  thousand  lour  hundred 
dollars,  if  so  much  be  D  y,  to  be  di  tributed  among  the  several  elec- 
tion districts  in  the  State,  in  the  proportion  of  six  hundred  dollars  to  each 
representative  in  the  popular  branch  of  the  Legislature;  for  the  support  of 
paupers  at  the  Lunatic  Asylum,  seven  hundred  dollars,  it'  so  much  be  neces- 
sary; for  the  education  of  the  Deaf  and  Dumb,  and  of  the  Blind,  seven 
md  dollars,  if  so  much  be  necessary,  to  be.  paid  to  the  Commissioners 
in  the  same  manner  as  the  appropriation  heretofore  made  ;  for  refunding 
1  by  the  reports  of  the  Committees  of  Ways  and  Means  and 
of  Finance  and  Banks,  agreed  to  by  the  Legislature,  one  hundred  and  fifty 

Ian,  if  SO  much  be  necessary;  for  the  payment  of  the  interest  on  one 
million  nine   hundred  and   sixry  live  thousand   dollars  of  bond  i  ks, 

issued  for  the  construction  of  the  New  State  Capitol,  one  hundred  and 
seventeen  thousand  nine  hundred  dollars;  for  the  payment  of  the  interest 
on  three  hundred  and  ten  thousand  dollars  of  the  bonds  of  the  State, 
issued  under  an  Act  entitled  "  An  Act  to  grant  aid  to  the  Blue  Ridge  Bail- 
road,"  ratified  the  twenty-second  day  of  December,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  fifty-nine,  eighteen  thousand  six  hundred 
dollars;  for  the  payment  of  the  interest  on  four  hundred  thousand  dollars 
of  bonds  of  the  State,  issued  for  the  military  defence  of  the  State,  twenty- 
four  thousand  dollars  ;   for  the  payment  of  the  interest  on  six  hundred  and 

enty-five  thousand  dollars  of  bonds  of  the  State,  issued  for  the  military 
defence  of  the  State,  forty-seven  thousand  two  hundred  and  fifty  dollars; 
for  the  payment  of  the  interest  on  one  million  eight  hundred  thousand  dol- 
lars of  the  bonds  and  stock  authorized  to  be  issued  at  the  present  session  of 


8  STATUTES    AT    LARGE 

a.  D.  1861.      the   Legislature,  for  the   military  defence  of  the  State,  oue  hundred  and 
*■— —v- "^    twenty-six  thousand  dollars. 

Military  cxpen-  VII.  For  Military  Expenditures:  For  thi  alaries  of  the  following 
officers,  viz  :  Adjutant   and    [nspi  aeral,  two  thou  hundred 

dollars;  Arsenal  Keeper  in  Charleston,  one  thousand  dollars;  Arsenal 
Keeper  and  Powder  Receiver  at  Columbia,  at  the  rate  of  four  hundred  dol- 
lars per  annum;  Physician  of  the  Jail  and  Physician  of  the  Magazine 
Guard  at  Charleston,  each  live  hundred  dollars;  and  for  the  support  of  the 
Military  Academies  at  Charleston  and  Columbia,  thirty-seven  thousand  dol- 
lars, if  so  much  he  necessary;  and  the  said  Military  Academies  shall  bo 
under  the  direction  of  the  Board  of  Visitors  :  Provided,  That  each  District 
shall  be  entitled  to  send  to  said  academies  a  number  of  beneficiaries  equal 
to  its  representation  in  the  House  of  Representatives,  or  iu  that  proportion, 
as  far  as  the  appropriation  for  the  school  may  allow  ;  for  the  salary  of  the 
Clerk  of  the  Adjutant  and  Inspector  General,  seven  hundred  and  twenty 
dollars ;  for  defraying  the  expenses  of  artillery  companies  and  corps  of 
pioneers  belonging  to  the  regiment  of  artillery  in  Charleston  :  Provided, 
That  the  corps  of  pioneers  shall  receive  fifty  dollars,  and  no  more,  and  to  be 
drawn  in  the  same  way  as  now  provided  bylaw  for  artillery  eompani 
twenty-five  hundred  dollars,  if  so  much  be  necessary,  to  be  drawn  and 
applied  in  the  manner  prescribed  by  the  Act  in  relation  to  that  subject; 
for  the  services  of  the  Secretary  of  State  during  the  current  year,  for  all 
services  in  issuing  all  military  commissions,  and  in  lieu  of  any  charge 
against  the  State  for  commissions  of  civil  officers,  eight  hundred  dollars,  to 
be  paid  as  other  salaries  directed  to  be  paid  by  law  ;  for  the  salary  of  the 
Ordnance  Officer,  three  thousand  dollars  ;  for  the  salary  of  the  Clerk  of 
the  Ordnance  Officer,  one  thousand  dollars,  if  so  much  be  necessary,  to  be 
paid  upon  the  draft  of  the  said  Ordnance  Officer,  said  salaries  to  be  paid 
quarterly;  to  defray  the  expenses  attendant  upon  the  military  defence  of 
the  State,  cne  million  eight  hundred  thousand  dollars,  to  be  paid  by  the 
Treasurers  of  the  Upper  and  Lower  Divisions,  upon  the  drafts  of  the  Gov- 
ernor :  Provided,  That  three  hundred  thousand  dollars  of  the  said  amount 
shall  be  applied  to  the  payment  of  the  loan  made  under  the  resolution  of 
the  General  Assembly  adopted  at  the  extra  session,  held  in  the  month  of 
November,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
one. 

Ordinary  local  VIII.  For  Ordinary  Local  Expenditures  :  For  the  support  of  the  tran- 
sient poor  of  Charleston,  seven  thousand  dollars,  to  be  paid  to  the  City 
Council  of  Charleston,  and  accounted  for  by  them  to  the  Legislature;  for 
the  salary  of  the  Port  Physician  in  Charleston,  including  boat  hire  and 
other  incidental  expenses,  eight  hundred  dollars;  tor  the  execution  of  the 
quarantine  laws  at  Charleston,  oue  thousand  dollars,  if  so  much  be  nccea- 


expelidltures. 


OF    SOUTH   CAROLINA.  9 

sary,  to  be  paid  to  the  City  Council  of  Charleston,  and  expended  under  their  A.  P.  1861. 
direction  ;  for  the  salary  of  the  Superintendent  of  the  Fire  Proof  Build-  ^""~~ v~ — " ' 
ing  in  Charleston,  during  the  present  year,  one  hundred  dollars;  for  the 
support  of  the  transient  poor  of  Georgetown,  eight  hundred  dollars,  to  be 
expended  by  the  Commissioners  of  the  Poor  of  WTnyah,  to  be  accounted 
for  by  them  to  the  Legislature;  for  the  salary  of  the  Pilot  of  the  harbor 
and  bar  of  Georgetown,  three  hundred  and  twenty  dollars  ;  for  aiding  the 
support  of  a  ferry  at  Elliott's  Cut,  two  hundred  dollars,  subject  to  the  order 
of  the  Commissioners  of  Roads  for  St.  Andrew's  Parish;  for  maintaining 
and  keeping  open  the  Eloper  Hospital,  in  Charleston,  three  thousand  dollars, 
to  be  paid  to  the  Medical  Society,  in  trust  for  the  Roper  fund,  to  defray  the 
expenses  of  the  said  hospital;  for  the  support  of  the  Stale  Xonnal  and 
High  School,  at  Charleston,  five  thousand  dollars,  to  be  subject  to  the  draft 
of  the  Commi  -i oners  of  Free  Schools  of  St.  Philip's  and  St.  Michael's, 
and  to  be  applied  by  them  as  prescribed  by  law ;  for  the  support  of  the 
Catawba  Indians,  eight  hundred  dollars,  if  so  much   be  necessary. 

IX.  For  Extraordinary  Expenditures:  For  James  L.  Petigru,  Esquire,  Extraordinary 
for  salary  for  the  year  eighteen  hundred  and  sixty-two.  as  Commissioner  to  *"  ptl 
make  a  Code  of  the  Statute  Law  of  South  Carolina,  live  thousand  dollars  ; 
and,  also,  for  the  serviees  of  one  assistant,  two  thousand  dollars,  to  be  paid 
to  him  as  directed  bj  an  Act  entitled  "An  Act  further  to  provide  for  a 
Code  of  the  Statute  Law  of  South  Carolina."  ratified  on  the  nineteenth  day 
of  December,  eighteen  hundred  and  fifty-nine ;  for  the  salary  of  the  Com- 
missioner of  the  New  Stale  House,  one  thousand  dollars;  for  the  Marine 
School  Of  Charleston,  sis    thousand    dollars,  to    be    paid    to   the   Charleston 

Port  Society,  as  directed  by  the  report  and  resolution  as  adopted  at  the 

present  session ;  for  the  payment  of  the  expenses  incurred  by  the  Commis- 
sioner of  the  Code  for  printing,  stationery  and  postage,  as  provided  by  an 
Act  entitlod  "  An  Act  further  to  provide  for  a  Code  of  the  Statute  Paw  of 
South  Carolina,''  ratified  on  the  nineteenth  day  of  December,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  fifty-nine,  six  hundred  dollars,  if 
so  much  be  necessary,  to  be  paid  on  the  draft  of  the  Commissioner,  coun- 
tersigned by  the  Chairmen  of  the  Committee  of  the  Judiciary  of  the  two 
branches  of  the  General  Assembly  ;  that  the  Treasurer  of  the  Lower  divi- 
sion be,  and  is  hereby,  authorized  and  instructed  to  pay,  out  of  the  undrawn 
appropriation,  "for  the  military  contingencies,  one  hundred  thousand  dol- 
lars, to  be  drawn  and  accounted  for  as  directed  by  the  Legislature,"  ordered 
by  an  Act  entitled  "  An  Act  to  make  appropriations  for  the  year  commenc- 
ing in  October,  one  thousand  eight  hundred  and  fifty-nine,"  ratified  on  the 
twenty-second  day  of  December,  one  thousand  eight  hundred  and  fifty-nine, 
the  following  sums,  and  as  follows,  to  wit':  To  the  Lank  of  the  State  of 
South  Carolina,  the  sum  of  fourteen  thousand  seven  hundred  and  thirty- 
2 


STATUTES    AT    LARGE 

eight  dollars,  being  an  amount  advanced  by  said  Bank  for  the  purchase  of 
arms  ;  to  the  Bank  of  the  State  of  South  Carolina,  the  sum  of  sixteen 
thousand  four  hundred  and  forty-six  dollars  forty-four  cents,  being  an 
amount  advanced  by  said  Bank  to  defray  the  expenses  of  a  Convention  of 
the  People  of  the  State  of  South  Carolina ;  to  the  Bank  of  the  State  of 
South  Carolina,  the  sum  of  seventy-one  thousand  seven  hundred  and  sixteen 
dollars  eighty  cents,  being  an  amount  advanced  by  said  Bank  to  defray  the 
expenses  under  an  Act  entitled  "  An  Act  for  the  establishment  of  a  Coast 
Police  for  the  State  of  South  Carolina,"  ratified  on  the  fifteenth  day  of 
January,  one  thousand  eight  hundred  and  sixty -oue ;  and  that  the  overplus 
of  the  sums  so  ordered  to  be  paid,  be  paid  out  of  any  moneys  in  the  Treas- 
ury unappropriated ;  and  that  an  Act  entitled  "An  Act  for  the  establish- 
ment of  a  Coast  Police  for  the  State  of  South  Carolina,"  ratified  on  the 
fifteenth  day  of  January,  one  thousand  eight  hundred  and  sixty-one.  be,  and 
the  same  is  hereby,  repealed;  for  the  relief  of  the  sufferers  by  the  late  fire 
in  the  City  of  Charleston,  thirty  thousand  dollars,  to  be  paid  by  the  Treas- 
urer of  the  Lower  Division  to  the  City  Council  of  Charleston  ;  to  the  heirs 
of  Josiah  H.  Smoot,  two  thousand  three  hundred  and  thirty-seven  dollars 
and  twenty-five  cents,  to  be  paid  to  them  as  provided  for  in  the  report 
adopted  at  the  present  session  of  the  General  Assembly  :  to  defray  the 
expense  incurred  for  maps  of  the  boundary  line  between  this  State  and  the 
State  of  North  Carolina,  two  hundred  dollars,  to  be  paid  to  James  L.  Peti- 
gru  by  the  Treasurer  of  the  Lower  Division ;  two  thousand  two  hundred 
and  fifty  dollars,  if  so  much  be  necessary,  for  the  balance  of  the  salary  of 
the  late  F.  H.  Wardlaw,  one  of  the  Associate  Judges  of  the  Appeal  Court, 
for  the  year  eighteen  hundred  and  sixty-one,  to  be  paid  to  his  widow,  Mrs. 
Ann  G.  Wardlaw,  by  the  Treasurer  of  the  Upper  Division. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Senate. 
JAMES  SIMONS,   Speaker  House  of  Representatives. 


OF   SOUTH   CAROLINA.  11 

an  act  to  amend  and  suspend  certain  portions  of  the  mllitia     a.  d.  1861. 

and  Patrol  Laws  of  this  State.  ^~^ 

No.  4o68. 

I.  Be   it   enacted  by  the  Senate   and   House   of  Representatives,    now 

met   and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same, 

That  all  free  white  males,  between  the  ages  of  sixteen  and  sixty,  shall  be  Military  duty, 

.  .  *  persons  liable 

liable  to   perform  ordinary  militia  duty  during  the  existence  of  the  war  be-  to  do. 

tween  the  Confederate  and  United  States  of  America,  except  the  persons  Exemptions, 
exempt  from  all  militia  service,  and  except  the  Members  of  both  branches 
of  the  General  Assembly,  and  their  respective  officers  ;  all  regularly  officiat- 
ing clergymen;  all  regular  licensed  practising  physicians;  the  Faculty  and 
Officers  in  the  South  Carolina  College ;  Professors  iu  other  incorporated 
oollegea,  and  in  Theological  Schools;  Schoolmasters  having  under  their 
tuition  not  less  than  fifteen  scholars ;  and  all  students  at  schools,  academies 
and  colleges ;  all  Branch  Pilots  ;  one  white  man  to  each  established  ferry, 
toll  bridge  and  toll  grain  mill,  if  actually  kept  by  such  white  man  ;  the 
President,  Cashier  and  Teller  of  the  several  Banks  of  the  State;  the  officers 
and  men  of  the  City  Guard,  and  the  Fire  Departments  of  Charleston  and 
Columbia;  the  officers  and  employees  of  all  railroad  companies;  the 
Superintendent  and  Keeper  of  the  Lunatic  Asylum  ;  the  Keepers  of  the 
Arsenals  of  the  State;  all  persons  holding  office  uuder  the  Confederate 
States,  and  the  officers  and  Cadets  <>i'  the  Military  Academy;  and  that  all 
said  males,  from  the  ages  of  sixteen  to  sixty,  shall  be  liable  to  perform 
patrol  duty,  and  shall  be  subject  to  be  ordered  by  the  Governor  and 
Commander-in-Chief  to  perform  military  service  iu  their  respective 
brigades. 

II.  That  so  much  of  the  one  hundred  and  forty-eighth  section  of  an  Act  Suspension  of 
entitled  "An  Act  to  reduce  all  Acts  and  clauses  of  Acts  in  relation  to  the  Militia  Act,  as 
Militia  of  this  State  to  one  Act,  and  to  alter  and  amend  the  same,"  as  limits  service! 

the  term  of  service  of  the  militia,  when  drafted,  to  three  months  within 
this  State,  and  two  months  out  of  the  State,  be,  and  the  same  is  hereby,  sus- 
pended during  the  said  war  ;  and  that  (luring  such  suspension  the  Com- 
mander-in-Chief may  call  out  any  portion  of  the  militia  of  this  State,  from 
the  ages  of  eighteen  to  forty-five,  (except  those  exempt  by  this  Act  from 
militia  service,)  for  twelve  months,  unless  sooner  discharged,  for  service 
either  in  this  State  or  any  of  the  Confederate  States  :  Provided,  That  on 
his  ordering  a  draft,  the  companies  (beat  or  volunteer)  of  the  militia  shall 
be  allowed  to  furnish  the  quota  required  of  them  by  volunteers  for  actual 
service. 

III.  That    the    companies    shall    furnish  their    quotas    of  volunteers  or  proportion 
drafted  men  in  proportion  to  their  relative  number  liable  to  a  draft  by  the 
provisions  of  this  Act,  and  be  exempted  from  such  call  to  the  extent  of  the 


12 


STATUTES    AT    LARGE 


\.  D.  ISO. 


Organization. 


Beat  compa- 
nies. Acts 
against  redac- 
tion of  sus- 
pended. 


Eligibility  to 
office.  Acts  pro- 
hibiting per- 
sons from 
suspended. 


Musters  and 
drills. 


Commissions 
vacated. 


Volunteer  com- 
panies dis- 
solved. 


number  of  volunteers  they  have  already  furnished,  and  who  are  then  in  the 
military  service  of  this  State  or  the  Confederate  Slates,  or  who  shall  have 
served  at  least  twelve  months  in  such  service  :  Provided,  That  no  company 
shall  be  reduced  by  drafting  below  the  number  of  fifteen  :  And 
further,  that  it  may  be  lawful  for  any  one  bo  drafted  to  tender  to  the  com- 
mander  of  the  regiment  a  capable  substitute,  and  upon  his  being  received, 
the  person  drafted  shall  be  excused  from  going  into  actual  service,  but  shall 
be  liable  to  perform  ordinary  militia  and  patrol  duty. 

IV.  That  all  troops  thus  raised,  whether  volunteers  or  drafted  men,  for 
the  term  of  twelve  mouths'  service,  shall  be  organized  by  the  Commander- 
in-Chief  into  companies  and  regiments,  battalions  or  squadrons,  by  order- 
ing forthwith  elections  for  their  company  and  field  officers,  conforming  in 
said  organizations  to  the  laws,  rules  and  regulations  of  the  Confederate 
States.  And  all  volunteers  for  a  longer  period  of  service,  shall  be  sep- 
arately organized  in  a  similar  manner. 

V.  That  all  Acts  prohibiting  the  reduction  of  beat  companies  below  the 
number  of  fifty  men,  and  all  Acts  imposing  penalties  for  default  of  service  in 
the  militia  organization  of  this  State,  be,  and  the  same  are  hereby,  sus- 
pended as  to  all  persons  who  may  volunteer  in  the  service  of  this  State  or 
the   Confederate  States,  in  the  war  aforesaid. 

VI.  That  all  Acts  and  clauses  of  Acts  prohibiting  persons  from  being 
eligible  to  office,  by  reason  of  not  holding  commissions,  in  any  battalion, 
regiment,  brigade  and  division,  be,  and  the  same  are  hereby,  suspended 
during  the  said  war,  and  that  any  person,  during  such  suspension,  shall  be 
eligible  to  any  of  said  offices,  and  that  all  laws  requiring  more  than  teu  days' 
notice  for  any  military  election  be  also  suspended  during  the  same  time;  and 
that  any  time  within  ten  days  shall  be  sufficient  notice  for  any  such  elec- 
tion in  the  militia  and  volunteer  service  of  this  State  ;  and  in  default  of 
such  election,  the  Governor  shall  forthwith  fill  the  office  by  appointment. 

VII.  That  all  persons  required  to  perform  ordinary  militia  duty,  shall  be 
called  out  for  company  muster  and  drill  at  least  once  in  every  two  weeks  ; 
and,  in  case  of  default,  to  be  liable  to  the  same  fines  and  forfeiture  now 
provided  by  law. 

VIII.  That  the  commissions  of  all  officers  of  beat  companies,  battalions, 
and  regiments  of  the  militia  of  this  State,  uot  called  into  actual  service, 
and  those  in  actual  service,  when  relieved,  be,  and  the  same  are  hereby, 
vacated  as  soon  as  new  elections  can  be   had  to   fill  said  offices  SO  vacated, 

.c;m  the  volunteer  corps  of  the  city  of  Charleston  attached  to  the  fourth 
brigade;  and  all  volunteer  companies  in  the  State  not  now  having  the  num- 
ber of  officers,  non-commissioned  officers  and  privates  required  by  law, 
except  those  now  in  actual  service  or  already  ordered  into  actual  service,  be, 
and  the  same  are  hereby,  dissolved  ;  and  that  all  persons  liable  to  do  ordinary 


OF   SOUTH    CAROLINA.  13 

militia  duty  under  this  Act,  and  patrol  duty  under  the  provisions  of  this  A.  D.  isci. 
Act.  or  uuder  any  Act,  shall  be  entitled  to  vote  in  all  compan}-,  battalion,  """■ ~~i~~-~ ' 
and  regimental  elections. 

IX.  That  upon  any  proclamation  or  order  from  the  Governor  and  Com-  Requisitions  of 
niander-in-t 'hid'  calling  for  troop-,  the  commandant  of  each  militia  regi- complied  with. 
meat  not  excepted  in  this  -Vet  shall  forthwith  assemble  his  command  at  the 

usual  muster  ground,  and  proceed  to  execute  the  requisitions  thereof;  and 
thai  offioers  commanding  beat  or  volunteer  militia  companies,  and  if  there 
be  no  such  commissioned  officers,  then  some  suitable  person  appointed  by 
the  commandant  of  the  regiment,  shall  forthwith  lake,  or  cause  to  lie  taken,  a 
census  of  all  persons  liable  to  militia  duty  under  this  Act,  residing  within 
their  rcspBCtive  beats,  ami  make  out  a  roll  of  the   same,   and   a  I  ate 

roils  of  those  between  eighteen  and  forty-five,  and  of  those  who  have  vol- 
unteered from  saiil  beats,  and  are  in  the  service  of  this  .State  or  the  Con- 
federate States,  and  shall  return  copies  mI'  said  rolls  to  the  commandant  of 
the  regiment  and  to  the  Adjutant  and  inspector  General  of  the  State;  and 
for  default  in  making  said  returns  within  ten  days  after  being  required  to 
do  so  by  the  order  of  any  superior  officer,  they  shall  each  be  liable  to  a 
fine  of  fifty  dollars,  to  be  imposed  and  recovered  as  provided  for  by  the  Militia 
Laws  of   this  Siate. 

X.  That  immediately  after  the  passage  of  this  Act,    it   shall  be   the  duty  Elections  to 
of  the  Adjutant  and  inspector  General,  and  be  is  hereby  required,  to  issue  um°e' 

an  order  for  elections  to  fill  all  offices  in  the  various  companies  and  regi- 
ments, battalions  or  squadrons,  of  the  militia  of  this  State,  which  order  shall 
be  published  in  the  newspapers  of  this  State,  and  thereupon  the  command- 
in-  officers  of  said  corps  shall  extend  said  order  to  their  respective  com- 
mands; and  said  elections  shall  be  conducted  in  the  manner  provided  by 
the  Militia  Laws  of  this  Stale,  and  in  the  time  required  by  said  order;  and 
the  managers  of  said  elections  shall  forthwith  return  the  result  thereof,  in 
writing,  to  the  commandant  of  the  regiment,  who  shall  immediately  trans- 
mit a  eripy  of  the  same  to  the  Adjutant  and  Inspector  General. 

XI.  That  the  corporate  limits  .if  any  town  containing  not  less  than  five  Separate  Beats, 
hundred    nor  more  than  two  thousand    live   hundred   inhabitants,  including  gas 

slave- ami  Bpi le  persons  of  color,  shall  constitute  a  separate  militia  beat; 
and  it  shall  be  the  duty  of  the  inhabitants  of  all  such  towns  corporate,  who 
art'  liable  to  militia  duty  under  the  provisions  of  this  Act,  to  organize  them- 
selves into  a  company,  to  be  attached  to  the  regiment  in  which  such  town 
is  situate,  unless  any  such  town   is  divided  by  regimental   lines,  in  which 

the  company  therein  organized    may  elect   ill       i  at    tn  which  they 

shall  be  attached  ;  and  the  companies  thus  organized  shall  be  subject  to  all 
the  provisions  of  this  Act,  as  other  militia  beat  companies. 


14  STATUTES    AT    LARGE 

A.  D.  is6i.  XII.  That  the   companies  which  have  been  or  may  be  accepted  by  the 

v-~"Y-~^    Governor,  under  the  resolution  passed  at  the  called  session  of  this  General 

oepted  under    Assembly,  shall  not  be  subject  to  the  call  for  volunteers,  or  to  the  draft 

a     hereinbefore  provided  for,  but  shall  be  organized  by  him,  in  pursuance  of 
not  subject  to         .  -  ,     .         .  .  ,  ,.  ■, 

said  resolution,  into  regiments,  battalions,  or  squadrons. 
Assistant  Quar-      XIII.  That  the  Quarter)  i  neral  and  Commissary  General  of  this 

Oommi  ate  Blall  each  lie  entitled  to  one  assistant,  with  the  rank  and  pay  of  Cap- 

tain of  Infantry,  and  as   many  other  assistants,   with  the  pay  of  First  Ser- 
geant, as  the  Governor  may  deem  necessary  for  the  efficient  administration 
clerk  allowed     of  their  departments ;  and  that  the   Adjutant  and   Inspector  General  shall 
:b»Gen-  be  allowed,  if  deemed  necessary  by  the  Governor,  to  employ  a  Clerk,  at  a 
sum  not  exceeding  sixty  dollars  per  month.      , 
Pee  Dee Le-  XIV.  That  the  troops  raised    within  the  limits  of  the  fourth  military 

^10°n'0|xemp"     division,  and  organized  under  the  name  of  the  Pee  Dee  Legion,  be.  and  the 
same  are  hereby,  exempted  from  the  operation  of  this  Act :   1  'hey 

shall,  within  twenty  days  from  the  ratification  hereof,  file  in  the  office  of  the 
Adjutant  and  Inspector  General  a  roll  of  such  companies  as  may  be 
willing  to  be  mustered  into  Confederate  service,  under  the  provisions  of  an 
Act  of  the  Confederate  Congress  entitled  "  An  Act  to  provide  for  local  de- 
fence and  special  service,"  approved  the  twenty-first  day  of  August,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty-one;  and  shall,  in  the 
mean  time,  continue  in  the  service  in  which  they  are  now  employed  :  And 
provided,  That  such  troops  as  shall  not  be  mustered  into  the  Confederate 
service,  as  aforesaid,  shall  be  subject  to  all  the  provisions  of  this  Act. 
Defaulters,  how  XV.  That  every  person  liable  to  military  duty  under  the  provisions  of 
this  Act,  who  shall  make  default  when  summoned  into  actual  service,  shall 
be  liable  to  such  punishment,  short  of  death,  as  may  be  imposed  by  a  court 
martial,  according  to  the  Articles  of  War  of  the  Confederate  States;  said  Court 
to  be  convened  by  the  officer  commanding  the  regiment  to  which  the 
delinquent  shall  belong,  who  is  hereby  authorized  to  order  said  Court,  in 
conformity  with  the  usages  of  the  army  of  the  Confederate  States. 
Consistent  Aets  XVI.  That  all  Acts  and  clauses  of  Acts  in  relation  to  the  militia  of  this 
remain  of  force.  gta^  consistent  with  the  provisions  of  this  Act,  shall  continue  of  full  force 
inconsistent  and  effect;  and  all  Acts  and  clauses  of  Acts  inconsistent  with  the  provi- 
sions of  this  Act,  be,  and  the  same  are  hereby,  suspended  during  the  contin- 
uance of  this  Act. 

In  the  Senate  House,  the  seventh  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Senate. 

JAMES  SIMOXS,  Speaker  House  of  Representatives. 


OF   SOUTH    CAROLINA.  15 

AX    ACT   TO    AFFORD     AlD    TO    TUE    FAMILIES    OF    SOLDIERS.  A.  D.  1861. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  silting  in    General  Assembly,  and  by  the  authority  of  the  same,  That 

not  less  than  five  nor  more  than  teu  freeholders,  in  each  tax  district  in  the  Soldiers'  Board 
State,  shall  be  appointed,  as  hereinafter  provided,  who  shall  be  called  the 
"  Soldiers'  Eoard  of  Relief,"  who  shall  continue  in  office  during  the  exist- 
ing war,  and  for  four  months  thereafter ;  and  they  are  hereby  authorized  to 
fill  up  all  vacancies  in  their  respective  Boards,  arising  from  any  cause,  by 
appointment  of  said  Boards ;  and  they  shall  meet  upon  the  call  of  the  Chair- 
man, as  well  as  by  their  own  resolution;  a  majority  of  each  Board  shall 
constitute  a  quorum. 

II.  That  the  said  Boards  shall  have  power  and  authority  to  levy  a  tax  on  Tax,  powerto 
the  tax  payers  of  their  respective  tax   districts,  annually,  and  but  once  in 

each  year,  on  the  property  taxed  by  the  State,  to  be  paid  during  that  year, 
and  none  other,  to  raise  a  sum  of  money  sufficient  to  afford  aid  and  relief  to 
the  wives  and  children  of  such"  persons,  in  their  respective  lax  districts, 
who  have  now,  or  may  hereafter,  volunteer  in  the  military  service  of  this 
State,  or  the  Confederal.'  States  of  America,  and  while  in  such  service,  as 
may  desire  the  same,  and  whom  the  said  Boards  respectively  may  deem  to 
be  proper  objects  of  this  aid  and  relief;  but  the  said  tax  shall  not  exceed 
forty  per  centum  on  the  general  State  tax  in  any  one  year. 

III.  That  the  said  Boards,  respectively,  shall  deliver  to  the  Tax  Collectors  Tax  collectors 
of  their  respective  tax  districts  a  written  order  to  collect   such  per   ceutage  orders  to  col- 
on said  general  tax  as  they  may  decide  on,  at  least  one  month  before  the  ectta:1, 

tax  returns  of  the  State  arc  made  to  the  sail  Tax  Collectors;  that  the  said  Relief,  howdis- 

Boards,  respectively,  shall  take  all  proper   means  to  ascertain   whether  the 

applicants  for  aid  and  relief  are  proper  recipients  thereof,  according  to  the 

true  intent  and  meaning  of  this  Act;  and  when  they  have  decided  in  favor 

of  any  such  applicant,  they  shall  direct  their  Treasurer   to  pay,  in  money, 

to  such  person,  the  sum   so  allowed,  to   be  paid  in  advance,   monthly  or 

quarterly,  as  said  Board  may  direct ;  but  if  any  one  of  the  said  Boards  shal 

deem  it  best  to  purchase  provisions  or  clothing, in  quantity,  (which  they  are 

hereby  empowered  to  do,)  then  the  said  Board  may  order  and  direct  the 

said  payment  to  be  made  from  such  purchased  articles. 

IV.  That  the  said  Boards  shall  each  appoint  a  person,  Secretary  and  Secretaryand 
Treasurer  of  their  own  body,   or  otherwise,  as  they  may  decide,  who  shall  Boards!^  ° 
keep  a  record  of  all  transactions,  be  responsible  to  said  Board,  and  give 

bond,  payable  to  said  Board,  in  such  sum,  and  with  such  sureties,  as  the 
6aid  Board  may  direct,  for  the  faithful  performance  of  the  duties  of  his 
office. 


16 


STATUTES    AT    LARGE 


\      P.     IM.1. 


Tax,  when  to  be 
collected. 


Manner  of  col- 
lecting tax. 


Receipts  and 
expenditures, 
Boards  to  make 
returns  of. 


Boards,  by 
whom  ap- 
pointed. 


V.  That  the  State  Tax  Collectors  of  said  tax  districts  shall  collect  the 
tax  directed  by  said  Boards  at  the  same  time  that  they  collect  the  said 
State  tax.  and  shall  pay  the  same  over  to  the  Treasurers  of  said  Boards, 
respectively,  when  collected. 

VI.  That  the  said  Tax  Collectors  shall  pursue  the  same  mode  and  man- 
ner in  collecting  said  tax  as  they  now  do  respecting  other  District  taxes, 
and  shall  be  liable  to  all  the  penalties  respecting  said  tax  as  they  now  arc 
respecting  other  District  taxes;  ami  t lie  Sheriffs  of  the  Judicial  Districts, 
with  whom  executions  may  be  lodged  for  the  collection  of  said  tax,  shall 
be  liable  to  all  the  penalties  they  now  are  by  law,  respecting  the  other 
District  taxes. 

VII.  And  said  Boards  shall  make,  returns  of  their  receipts  and  expen- 
ditures to  the  Courts  of  Common  Pleas  of  their  respective  Districts,  at  the 
Fall  Term  thereof,  and  shall  be  liable  to  the  same  penalties  for  default  or 
neglect  of  duty,  as  the  other  District  Boards  are  now  liable  to,  according  to 
law. 

VIII.  That  each  of  the  said  Boards  shall  consist  of  not  more  than  ten 
nor  less  than  five  persons,  to  be  appointed  by  Joint  Resolution  of  the 
General  Assembly,  to  continue  in  office  for  one  year. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  ami  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  House  of  Representatives. 


No.  4570.    AN  ACT  to  provide  more  efficient  Police  Regulations  for  the 

Districts  on  the  Sea-Board. 


I.  Be  it  enaeted  by  the  Senate  and  House  of  Representatives,  now  met 
Police  Court,  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  for 
each  of  the  Districts  of  Beaufort,  Colleton,  Charleston,  Georgetown,  and 
Horry,  a  Police  Court  is  hereby  constituted,  to  continue  so  long  as  a 
foreign  enemy  has  possession  of  any  part  of  the  coast  of  South  Carolina, 
whose  jurisdiction  shall  extend  to  all  matters  of  criminal  and  police  regula- 
tion over  the  slaves  and  1'rce  persons  of  color  in  said  Districts  :  Provided, 


OF   SOUTH   CAROLINA.  17 

That   this  Act  shall  have  no  operation  within   the  corporate  limits  of  the      a.  p.  lsei. 
City  of  Charleston.  k"~" ~y"~— ' 

II.  That  within  the  limits  of  these  Districts,  respectively,  the  said  Courts  lowers  of. 
shall  have  full  power  in  regard  to  slaves  and  free  persons  of  color,  to  estab- 
lish such  regulations,  and  inflict  such  punishments,  as  they,  in  their  dis- 
cretion, may  deem  that  the  exigencies  of  the  time  require,  any  law  now 
existing  to  the  contrary  notwithstanding  ;  and  the  action  of  said  Courts,  in 
such  cases,  shall  be  final  and  without  appeal;  and  said  Courts  shall  have 
power  to  impose  penalties,  and  to  issue  executions,  when  not  exceeding 
twenty  dollars,  tor  the  collection  thereof,  upon  all  persons  who  shall  be 
summoned,  under  the  provisions  of  this  Act,  to  do  police  duty,  and  shall 
fail  to  perform  the  same. 

ill.   That  said  Police  Courts  shall  consist  of  a   Provost  Marshal  and  four  four's,  of 

s*i  n  i  t\*      •        whom  com- 

othcr  persons,  to   be  appointed   by  the  (Governor,  for  each  of  the  Districts  posed. 

above  named,  respectively,  to  be  selected  from  a  list  of  persons  to  be  recom- 
mended to  him  by  the  Senators  and  Representatives  in  the  General  Assem- 
bly for  that.  District;  the  Provost  Marshal  to  preside  over  said  Court,  and 
to  be  charged  with  the  execution  of  its  judgments. 

IV.  That  the   Provost  Marshal  shall    have  authority  to  appoint  as  many  Deputy  Mar- 
Deputy  Marshals  as  lie  may  deem  necessary,  within  his  District,  whose  duty  ' 

it  shall  be  to  execute  such  orders  as  may  be  given  by  their  chief,  and  such 
Deputy  Marshals  may  call  to  their  assistance  such  [number  of  citizens,  not 
on  military  duty,  as  may  be  required. 

V.  That  the  said  Provost  Marshals  shall  have  a  sreneral  supervision  of  the  ratrol.  Provost 
_        .,,.„.,  .      ,  .  „  ,  Marshals  to 
Patrol  of  their    Districts,  respectively,  anu   may  call  out  the   same,   or  any  have  control  of. 

part  thereof,  at   any   time,  and    prescribe    the    duties   to   be    performed  by 

them,  and  shall  direct  and  control,  through  their  proper  officers,  the  entire 

militia  of  their   respective    Districts,  for   police  purposes :    Provided,   said 

militia  are  not  at  the  time  under  orders  to  serve  against  the  public  enemy. 

VI.  That  said  Provost   Marshals  may  themselves,  or  by  their  Deputies,  Arrests,  how  to 
arrest  such  white   persons,  within   their  Districts,  respectively,  as   the  said 

Provost  Marshal  may  consider  dangerous  to  the  community,  and  a  commit- 
ment under  the  hand  of  such  Provost  Marshal,  settiug  forth  the  cause  of 
arrest  and  imprisonment,  shall  be  sufficient  authority  to  hold  such  persons 
until  discharged  by  order  of  a  Judge,  at  Chambers,  or  in  due  course  of 
law,  at  the  next  term  of  the  Court  of  General  Sessions  within  said  District; 
and  the  Provost  Marshals  and  their  Deputies  shall  be  ex  officio  Magistrates 
in  their  respective  Districts,  except  for  the  trial  of  small  and  mean  causes. 

VII.  That  whenever  the  Provost  Marshal,  or  any  Deputy  Marshal  under  special  r<>iico, 
his  authority,  shall  deem  it   expedient  to   retain   upon  special   police  duty  of'.'"1"5" 

any  citizen  or  citizens  more  than  two  days,  consecutively,  the  Provost  Mar- 
shal may,  at  his  discretion,  give  to  each  person  so  employed  a  certificate  of 
3 


13 


STATUTES    AT   LARGE 


A.  D.  18(11. 


Deputy  Mar- 
shals, '  ■ 
sation  of. 


Owners  and 

overseers  re- 
quired to  aid. 


Governor  may 
extend  this  Act. 


service,  winch  shall  entitle  the  holder  to  such  sum  of  money  as  may  be 
certified  by  the  Provost  Marshal,  not  exceeding  two  dollars  per  day  (V>r  the 
time  such  person  has  been  on  duty. 

Y1II.  Thai  the  Deputy  Marshals  shall  be  entitled  to  compensation  at  the 
rate  of  three  dollars  per  day  while  engaged  on  duty;  and  all  moneys  neces- 
sary to  carry  the  provisions  of  this  Act  into  effect,  in  each  District,  shall 
be  raised  by  an  assessment  upon  the  general  tax  of  such  District:  and  the 
Tax  Collectors  of  each  of  said  histiicts  are  hereby  required  to  assess  and 
collect,  annually,  from  the  tax-paying  citizens  of  his  or  their  Districts,  such 
sums  us  the  Police  Courts  hereby  established  shall  direct ;  and  the  Provost 
Marshal  of  each  District  shall  render  an  account,  annually,  of  his  receipts 
and  expenditures  to  the  Treasurer  of  the  Lower  Division. 

IX.  That  all  owners  or  overseers  of  negroes,  or  other  persons  in  control 
of  slaves,  are  hereby  required  to  give  their  aid  and  assistance  to  carry  out 
the  orders  of  the  Provost  Marshal  of  the  District,  in  regard  to  all  matters 
of  police  regulation  relating  to  such  slaves ;  and,  upon  failure  to  do  so, 
shall  be  subject  to  indictment  for  misdemeanor,  or  attachment. 

X.  That  the  provisions  of  this  Act  may  be  extended  to  other  Districts  of 
this  State  by  proclamation  of  the  Governor. 


In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  House  of  Brjinsi  uttttives. 


No.  4571.    AN   ACT   to   extend   relief   to  Debtors,  and   to    prevent   the 

SACRIFICE    OF    PROPERTY    AT    PUBLIC    SALES. 


I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now 
met  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same, 
Mesne  or  final  That  it  shall  not  be  lawful  for  any  officer  of  this  State  to  serve  or  execute 
nil  °to  serve  or  any  mesne  or  final  process  of  any  of  the  Courts  of  this  State  for  the  collcctiou 
of  money,  until  after  the  expiration  of  the  first  session  of  the  next  General 
Assembly  of  this  State,  except  in  cases  provided  for  in  the  second  section 
of  this  Act,  and  except  process  for  military  fines. 


execute. 


OP   SOUTH   CAROLINA.  19 

II.  That  if  the  plaintiff,  in  any  such  mesne  or  final  process,  or  his  a.  D.  isoi. 
agent  or  attorney  at  law,  shall  make  affidavit  hefore  some  one  of  the  k——y~~-/ 
Clerks  of  the  Courts  of  Common  Pleas  ami   General  Sessions  of  this  State,  Fraudulent  dis- 

11-Ti  -i  i  i  i  iii  ■     r"~|!|""  of  pro- 

that  his  debtor  has  absconded,  or  is  about  to  abscond,  or  that  such  debtor  is  perty,  remedy 

removing,  or  is  about  to  remove  his  property  beyond  the  limits  of  this  State, 
oris  fraudulently  disposing  of  the  same,  which  affidavit  shall  be  attached  to 
such  mesne  or  final  process,  before  any  action  thereon,  the  said  plaintiff  in 
such  mesne  or  final  process  may  require  the  defendant  to  give  a  bond, 
payable  to  such  plaintiff,  in  double  the  amount  of  the  sum  sued  for,  or  of 
the  amount  of  the  judgment  upon  which  such  final  process  may  be  based, 
with  security,  to  be  approved  by  the  Clerk  of  the  Court  of  Common  Fleas  of 
the  District  in  which  such  defendant  may  reside  or  may  be  taken,  con- 
ditioned for  the  delivery  of  the  property  of  such  debtor,  liable  to  such  pro- 
cess, or  so  much  thereof  as  may  be  sufficient  to  satisfy  the  plaintiff's 
demand,  to  the  Sheriff  of  said  District,  or  for  the  surrender  of  the  body  of 
the  defendant,  according  to  the  exigency  of  such  process,  at  the  time  at 
which  judgment  may  be  obtained  on  such  debl  in  oases  of  mesne  process, 
or  at  the  time  limited  for  the  operation  of  this  Act  in  eases  of  final  process  : 
Provided,  however,  If  such  bond  and  security  shall  not  be  given  within  ten 
days  after  the  defendant  shall  be  served  with  a  copy  of  the  said  affidavit, 
such  defendant  shall  be  deprived  of  the  benefit  of  this  Act  ;  and  in  the 
absence  of  defendant,  a  copy  of  such  affidavit  left  at  his  place  of  residence 
shall  be  equivalent  to  personal  service. 

III.  That  it  shall  be  the  duty  of  the  Clerk  before  whom  such  affidavit  clerk,  duties  of, 
may  be  made,  forthwith  tj  cause  a  copy  thereof  to  be  personally  served  on 

the  defendant,  or  left  at  his  residence,  with  a  notice  requiring  him  to  give 
the  bond  and  security  required  by  the  second  section  of  this  Act  within  ton 
days  from  the  date  of  such  service,  and  the  Sheriff  shall  immediately,  upon 
the  filing  of  such  affidavit,  proceed  to  arrest  the  Jcfeudant,  or  take  a  levy 
of  property,  according  to  the  exigency  of  the  process  to  which  such  affidavit 
may  be  attached. 

IV.  That  all  sales  authorized  or  directed  by  any  decree,  rule  or  order  Sales,  stay  on 
of  any  of  the  Courts  of  this  State,  shall  be  stayed  until   the  same  shall  be 
renewed  by  one  of  the  Judges  of  the  Court  making  such   decree,   rule  or 

order,  cither  in  open  Court  or  at  Chambers. 

\.  That  the  operation  of  the   Statute  of  Limitations  be,  and  the  same  Statute  of  limit- 
is   hereby,   suspended   during   the   period  in   which  this    Act   is   of  force,  suspension  of. 
so  far  as   applicable  to  causes  of  action  coming  within  the  .meaning  of  this 
Act. 


20  STATUTES    AT    LARGE 

A.  d.  1861.  VI.  That  while  this  Act  remains  in  force,  debts  due  on  open  accounts, 

and  other  demands  nol  heretofore  bearing  interest  by  law,  shall  bear  interest 
at  the  rate  of  seven  per  centum  per  aunuin. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixly-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER.  President  of  the  Senate. 

JAMES  SIMONS,  Speaker  Uuuse.  of  Representatives. 


No.  4572.    AN   ACT    to    enable  Yolunters   in    the   Military   Service   to 

EXERCISE    THE    RlGHT    OF    SUFFRAGE. 


Suffrage  to  be 
exercised  by 
citizens  in  mil- 
itary Bervici — 
mode  of  hold- 
ing election. 


Managers, 
duly  of. 


I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  iu  General  .assembly,  and  by  the  authority  of  the  same,  That 
during  the  continuance  of  the  existing  war  between  the  United  States  and 
Confederate  States  of  America,  the  members  of  all  volunteer  companies 
made  up  of  citizens  of  this  State,  including  all  field  and  staff  officers,  who 
shall  be  absent  from  home  in  the  military  service  of  the  country,  upon  the 
happening  of  any  general  or  District  election,  shall  have  the  same  right  of 
suffrage  as  if  present  in  their  respective  election  Districts  ;  and  to  enable 
them  to  exercise  the  said  right,  it  shall  be  the  duty  of  the  commissioned 
officers,  or  a  majority  of  those  present,  on  duty,  commanding  any  such  com- 
pany of  volunteers,  after  first  being  duly  sworn  to  manage  the  same  fairly 
and  impartially,  according  to  law,  to  open  a  poll  from  twelve  o'clock,  noon, 
until  two  o'clock  in  the  afternoon,  in  their  respective  companies,  on  the 
day  fixed  for  any  electiou,  and  to  receive  the  votes  of  all  volunteers,  includ- 
ing field  and  staff  officers,  who  are  qualified  to  vote  under  the  Constitution 
and  laws  of  this  State. 

II.  That  immediately  after  closing  the  polls  it  shall  be  the  duty  of  the 
managers  to  count  the  ballots,  and  make  a  statement  of  the  result,  certified 
under  their  hands,  and  dispatch  the  same,  with  a  list  of  the  names  of  the 
voters,  under  sealed  cover,  either  by  mail  or  by  a  special  messenger,  as 
they  shall  deem  best,  as  follows :  That  is  to  say,  if  the  election  be  for  mem- 
bers of  Congress,  the  certificate,  together  with  the  ballots  cast,  to  the  Gov- 
ernor of  the  State  or  to  the  Secretary  of  State,  and  if  for  members  of  the 
General  Assembly,  or  aDy  District  officer,  the  certificate  of  the  result  to  the 


OP   SOUTH    CAROLINA.  21 

Clerks  of  the  Courts  of  the  respective  Judicial  Districts  ;  and  it  shall  be  the      A.  D.  1661. 
duty  of  the  said  Clerks  to  receive  and  be  responsible  for  such  returns,  under     v—"y~-' 
the  penalties  provided  by  law 'for  neglect  of  official  duty,  until  delivered  to 
the  managers  of  elections  as  herein  provided. 

III.  That  it  shall  be  the  duty  of  the  managers   of  the  several  election  District  Man- 
Districts  to  reassemble  at  the  Court  House,  or  other  place  appointed   by  under  Act 
law  for  counting  the  ballots,  on   the   first   Saturday  next    ensuing  any  such 
election,  at  which  time  and  place  it  shall  be  the  duty  of  the  Clerks  of  the 

Courts,  under  the  penalties  aforesaid,  to  deliver  to  the  managers  the  returns, 
if  any  have  been  received  by  them  from  the  army  ;  and  the  said  managers 
shall  forthwith  proceed  to  aggregate  the  returns  thus  received  with  the 
returns  which  shall  have  been  previously  made  by  them  from  the  District 
precincts,  and  declare  the  election  as  is  now  provided  by  law.  And  if, 
upon  the  reassembling  of  the  managers  for  the  purpos:  aforesaid,  it  shall 
happen  that  no  returns,  or  only  partial  returns,  have  been  received  from 
the  army,  then  it  shall  be  their  duty  to  declare  the  election  according  to 
the  result  of  the  ballots  cast  at  their  District  precints,  and  the  returns,  if  | 
any.  received. 

IV.  That  all  Acts  and   parts  of  Acts  repugnaut   to   this  Act,  be,  and  the  Rcpuenant 

lets 
same  are  hereby,  suspended  in  their  operation  for  and   during   the  contin-  ponded. 

uance  of  the  war  between  the  United  States  and  Confederate  States  of 

America. 

In  the  Senate  House,  lie-  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  Bllty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM   D.  PORTER,   President  of  the  Senate. 
JAMES  SIMONS,   Speaker  House  of  Representatives. 


an  act  to  authorize  the  clty  council  of  charleston  to  issue   no.  4573. 
am)  tit  in  circulation  Notes  receivable  in  Taxes  or  Dues  to 
the  City. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  the  Smnllbiltstobe 

•i  -i  ,  •  '--  ■" "' ' v  City 

City  Council  of  Charleston  is  hereby  authorized  to  issue  and  put  in  circu-  Council  of 
lation  notes  or  certificates,  in    the   form   hereinafter   prescribed,  of  the 


22 


STATUTES   AT    LARGE 


a.  D.  1861.  denomination  of  one.  two  and  three  dollars,  and  such  small  bills  as  the 
^—^ y—-'  City  Council  may  direct,  which  notes  or  certificates,  so  to  be  issued,  shall 
be  receivable  in  payment  of  taxes  and  other  dues  to  the  City  of  Charleston, 
for  the  sums  therein  expressed;  the  whole  amount  of  such  notes  or  ccrtiti- 
cates  not  to  exeeed  the  sum  of  three  huudred  thousaud  dollars  :  Provided, 
That  the  amount  of  bills  under  the  denomination  of  one  dollar  shall,  at  all 
times,  be  equal  to  one-third  of  the  amount  issued  by  said  City  Council  under 
this  Act.  And  the  said  uotes  shall  be  in  the  following  form,  viz  :  "  Tikis 
note  shall  be  received  in  payment  of  taxes  and  other  dues  to  the  City  of 
Charleston,  for  ,''  and  shall  be  signed  by  the  Mayor  and  Clerk 

of  Council,  or  such  other  person  or  persons  as  Cho  Mayor  may  appoint  for 
that  purpose,  and  shall  be  redeemed,  on  demand  on  the  Mayor,  in  notes  of 
any  of  the  Banks  of  this  State. 
Refusal  to  re-  H.  In  case  of  the  refusal  or  neglect  of  the  Mayor  and  City  Council  to 
redeem  any  of  the  said  bills  on  demand,  as  hereinbefore  provided,  the 
holder  shall  be  entitled  to  the  same  remedies  at  law  against  the  City  of 
Charleston  as  he  would  be  entitled  to  against  any  Banks  in  this  State,  in 
case  of  their  refusal  to  redeem  their  notes. 

III.  That  the  provisions  of  this  Act  shall  cease  and  determine  on  the 
first  day  of  January  which  shall  be  in  the  year  one  thousand  eight  hundred 
and  sixty -five. 


deem,  penalties 
for. 


Limitation  of 
Act. 


In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  ei»ht  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  PresidenLof  ihe  Senate. 
JAMES  SIMONS,  Speaker  House  of  Rejyrtsentativet. 


No.  4574.  AN  ACT  To  amend  an  Act  entitled  "  An  Act  to  provide  a 
Patrol  and  Military  Guard  for  the  City  of  Charleston', 
and  for  other  purposes." 


Former  Act 
extended. 


I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  Geueral  Assembly,  and  by  the  authority  of  the  same,  That 
an  Act  entitled  "An  Act  to  provide  a  Patrol  and  Military  Guard  for  the 
City  of  Charleston,  and  for  other  purposes/'  ratified  on  the  twenty-eighth 
day  of  January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 


OF   SOUTH    CAROLINA .  23 

sixty-one,  be,  and  the  same  is  hereby,  extended  and  made  of  force  for  and  a.  d.  i8ci. 
during  the  continuance  of  the  existing  w.ir  between  the  United  Stales  an  i  ^~~~r~~—' 
the  Confederate  States  of  Ann- 

II.  That  no  person  enrolled  as  a  member  of  the  Patrol  and  Military  Resiin.iticma 
Guard,  according  to  the  provisions  of  the  said  Act,  shall  be  permitted  to  dcawals. 
resign  or  withdraw  from  the  Company  to  which  he  is  attached,  without  giv- 
ing six  months'  previous  notice  of  his  intention  to  do  so,  unless  by  the  writ- 
ten consent  of  the  officers  commanding  the  •  lompany  from  which  he  proposes 
to  withdraw:  Provided,  That  no  Company  shall  increase,  by  election,  the 
number  of  active  members  they  now  have  on  the  en  mil  men  I  last  returned 
to  the  Chief,  under  the  provisions  of  the  said  Act  of  eighteen  hundred 
and  sixty-one,  and  that  they  shall  not  elect  any  more  members  during  the 
year  than  shall  be  necessary  to  till  vacancies  occasioned  by  death,  resigna- 
tion, or  otherwise,  so  as  to  keep  up  the  number  of  men  now  returned. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independenc f  the  Stato  of  South 

Carolina. 

WILLIAM   D.   PORTER,   President  of  the   Senate. 
JAMES  SIMONS,  Speaker  House  of  Representatives. 


an  act  to  provide  for  the  payment  by  the  state  of  tiie  war    no.  4575. 
Tax  of  the  Confederate  States,  and  for  the  collection  of  the 
same  from  the  tax-paters  in  this  state. 

I,  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Confederate 
when  the  chief  Collector  of  the  Confederate  States  for  South  Carolina  shall  be  paid.' 
have  completed  the  assessments  and  tax  returns  in  this  State,  and  the  sum 
total  of  the  said  War  Tax  payable  by  the  people  of  the  State  shall  be  made 
known,  it  shall  be  the  duty  of  the  Treasurer  of  the  Lower  Division  and  the 
J 'resident  of  the  iJank  of  the  State  of  South  Carolina,  to  deduct  from  the 
sum  total  of  the  Tax  as  aforesaid  ten  per  centum,  as  provided  by  the  Act  of 
Congress  of  the  Confederate  States,  and  to  pay  the  amount  of  the  residue 
thus  ascertained  into  the  Treasury  of  the  Confederate  States   in   such  man- 


24  STATUTES    AT    LARGE 

A.  D.  1861.      ner  as  the  Secretary  of  the  Treasury  of  the  Confederate  States  may  direct, 
^—~~*~~—'     on  or  immediately  before  the  first  day  of  April,  one  thousand  eight  hundred 
and  sixty-two.  as  fixed  by  the  act  of  Congress  aforesaid,  or  such  other  day  as 
may  be  appointed  by  authority  of  the  Confederate  States. 
Funds,  how  to        II.  That  to  provide  the  funds  to  pay  the  tax  as  aforesaid,  the  Treasurer 
of  the  Lower  Division  and  the  President  of  the  Bank  of  the  State  of  South 
Carolina  are  hereby  authorized  and  directed  to  borrow  an  amount  of  money 
equal  to  the  net  sum  of  the  said  tax,  and  to  pledge  the  faith  and  funds  of 
the  State  of  South  Carolina  for  the  payment  of  the  said  loan  and  the  interest 
to  accrue  thereon;  and  jointly  to  sign,  on  behalf  of  the  State,  the  contracts 
made  for  the  said  loan. 
Books  of  tax  III.  That  it  shall  be  the  duty  of  the  Treasurer  of  the  Lower  Division  and 

distributed.  the  President  of  the  Bank  of  the  State,  on  making  payment  of  the  tax  as 
aforesaid,  to  procure  from  the  chief  Collector  of  the  Confederate  States,  the 
books  containing  the  tax  returns  for  the  said  War  Tax,  of  all  the  tax  dis- 
tricts in  South  Carolina,  and  to  distribute  and  deliver  the  same  to  the  several 
Tax  Collectors  of  this  State. 
Bonds.  Tax  IV.  That  each  Tax  Collector  shall  execute  his  bond,  with  three  good 

give.  sureties,  to  be  approved  and  deposited  as  bonds  of  Tax  Collectors  are  now 

required  by  law,  in  a  sum  equal  the  amount  of  the  general  tax  for   his   col- 
lection district  for  the  year  one  thousand  eight  hundred  and  sixty-one, 
which  said  bonds  shall  be  executed  and  deposited  with  the  proper  officer  on 
Collectors  to  be  or  before  the  first  day  of  April  next.     And  in  case  any  Tax  Collector  shall 
ease  of  neglect  fail  to  execute  his  bond,  in  manner  aforesaid,   by  the  time   aforesaid,  the 

to  execute  „  •      ,  ,  i-i,  •       i  •  nn  *i 

bonds.  Governor  is  hereby  authorized  and  required  to  appoint  a  Collector  in  the 

place  of  the  Tax  Collector  so  making  default;  and  the  person  so  appointed 
shall  execute  his  bond,  in  three  times  the  amount  of  the  general  tax  of  his 
Collection  District  for  the  year  last  preceding  his  appoiutment,  with  three 
good  sureties,  to  be  approved  and  lodged  in  the  proper  office,  as  now  required 
by  law  of  Tax  Collectors,  within  two  weeks  after  the  date  of  his  appoint- 
ment, and  before  he  enters  upon  the  duties  of  his  office. 
Books  to  be  V.  That  it  shall  be  the  duty  of  the  Tax  Collectors  to  open  their  books 

later  than  15th  to  receive  payment  of  the  said  War  Tax,  on  a  day  .not  later  than  the  fifteenth 
day  of  June,  one  thousand  eight  hundred  and  sixty-two,  and  to  keep  them 
open  until  the  last  day  of  July  following,  exclusive,  and  to  give  notice  of 
the  same,  in  the  same  manner  as  in  the  collection  of  the  taxes  of  the  State. 
And  all  tax-payers  who  shall  make  payment  on  or  before  the  said  last  day  of 
July,  shall  be  entitled  to  a  deduction  of  five  per  centum  from  the  amount  of 
their  tax;  and  the  Tax  Collectors  are  hereby  authorized  and  required  to 
make  the  said  abatement.  . 


OF   SOUTH   CAKOLINA.  25 

VI.  That  it  shall  be  the  duty  of  the  Tax  Collectors  to  re-open  their  books      a,d.  18m. 

on  the  fifteenth  day  of  October,  one  thousand  eight  hundred  and  sixty-two,     ~*~~~^~~ ' 

:  ,  J  Books,  when  to 

aud  keep  them  open  until  the  fifteenth  day  of  November  following,  giving  be  re-opened. 

the  same  public  notice  as  before,  to  receive  the  taxes  of  such  persons  as  may 

not  have  paid  on  or  before  the  last  day  of  July  aforesaid  :  Provided,  That 

no  abatement  shall  be  made  of  the  full  sum  of  the  taxes  to  be  paid, 

daring  the  second  opening  of  the  books,  as  herein  provided. 

VII.  That  the  Tax  to  be  levied  and  collected,   as  aforesaid,  shall   be  the  Tax  to  be  the 
same  iu  amount,  aud  in   lieu    of  the    \\  ar    Tax   of  the   Confederate    States  federate  mi 
levied  under  the  act  of  Congress  entitled  "An  act  to  authorize  the  issue  of 
Treasury  Notes  and  to  provide  a  War  Tax  for  their  redemption,"  approved 

the  nineteenth  day  of  August,  one  thousand  eight  hundred  and  sixty-one, 
and  the  Tax  Collectors  shall  collect  the  same  in  conformity  with  the  returns 
and  amounts  set  forth  in  the  books  of  Tax  Collectors  of  the  Confederate 
States,  furnished  them  by  the  Treasurer  of  the  Lower  Division  and  the 
President  of  the  Batik  of  the  State  of  South  Carolina,  as  hereinbefore  pro- 
vided. 

VIIT.  That  the  compensation  to  be  allowed  to  Tax  Collectors  for  the  col-  compensation 
lection  of  the  tax  aforesaid,  and  the  discharge  of  all  the  duties  prescribed  in 
this  Aei,  -hall  be  as  f  Hows,  to  wit  :  Two  per  centum  on  the  first  ten  thou- 
sand dollars  of  the  sums  c  lleoted,  and  one-half  of  one  per  centum  on  the  re- 
mainder of  the  same:  P  That  in  no  case  shall  the  compensation  be 
less  than  three  hundred  dollars  nor  more  than  six  hundred  dollars  :  And 
proriih,!.  That  the  compensation  of  the  Tax  ( 'ollector  for  the  Parishes  of  St. 
Philip  arid  St.  Miohael  shall  he  two  thousand  dollars. 

IX.  That   returns   shall   be   made  as  usual  by  the  Tax  Collectors  to  the  Returns,  when 
Treasurer  of  the  Upper  Division  and  the  Treasurer  of  the  Lower  Division,  be  made, 
within  thirty  days  alter  the  respective  dates  in   this  Act   mentioned   for  the 

ing   of  the   books,   and   the   moneys  collected   paid   into    the  Treasury 
within  the  same  time. 

X.  That  the  Treasurer  of  the  Lower   Division   and  the   President  of  the  Taxtobedrawn 

from  t  lit*  Trails* 

Bank  of  the  State  of  South  Carolina  arc  hereby  authorized  to  draw  from  the  ury.andbj 
Treasury  of  the  State  alLsums  deposited  therein  a  ;he  produce  of  the  War 
Tax  aforesaid,  and  apply  the  same,  as  it  maybe  paid  in,  to  the  gradual  reduc- 
tion and  final  extinguishment  of  the  loan  made  by  them,  both  of  the  principal 
and  interest  thereon  :  Provided,  however,  That  no  more  of  the  said  moneys 
shall  be  drawn  than  is  necessary  to  discharge  the  principal  and  interest  of 
the  debt. 

XI.  That  all  existing  penalties  and    forfeitures  imposed  by  law,  and  all  Existing  penal- 
other  provisions  made  by  law  for  the  enforcement  of  the  collection  of  State  force. 


26  STATUTES    AT    LARGE 

a.  i>.  i«r.i.      taxes,  are  hereby  adopted  and  applied  to  the  collection  of  taxes  under  this 
Act,  and  the  said  taxes  .-hall  be  payable  in  the  medium  provided  by  law  Cor 

the  payment  of  State  taxes. 

In  t!)i-  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
l  'i  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixtli  year  of  tlie  sovereignty  and  independence  of -the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Senate: 

JAMES  SIMONS.  Speaker  House  of  Representatives. 


No.  4576.    AN  ACT  to  authorize  tiie  issue  of  Stock,  to  tok   amount  of 

ONE     MILLION     EIGHT    HUNDRED    THOUSAND   DOLLARS,    FOR    THE    MIL- 
ITARY Defence  of  the  State,  and  for  other  purposes. 

Military  de-  Whereas  it  is   necessary  to  raise  the  sum  of  one  million  eight  hundred 

authorized.        thousand  dollars,  by  loan,  for  the  military  defence  of  the  State  ;  therefore, 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
Bywhomtobe  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
the  President  of  the  Bank  of  the  State  of  South  Carolina  and  the  Treasurer 
of  the  Lower  Division  shall  be,  and  they  are  hereby,  authorized  and  empow- 
ered to  sell,  for  ready  money,  one  milliou  eight  hundred  thousand  dollars  of  the 
stock  of  tliis  State,  bearing  seven  per  cent,  interest,  at  such  times,  and  in  such 
sums,  as  the  public  exigencies  may  re<(ure. 
stock  certifi-  II.  That  the  Treasurer  of  the  Lower  Division  shall,  from  time  to  time, 

issued. J     *      make  out  certificates  of  stock,  bearing  an  interest  of  seven  per  cent.,  pay- 
able semi-annually,  in  the   names  of  such   persons  or  corporations,  and  in 
such  sums,  as  may  be  required  by  those  purchasing  said  stock,  not  exceed- 
ing in  all  the  said  sum  of  one  million  eight  hundred  thousand  dollars. 
Books  of  III.  That  the  Treasurer  of  the  Lower  Division  shall  open  a  set  of  books, 

r^gis  ry.  _^  shall  enter   therein,  in  proper  order,  the  names  of  all  persons  and  cor- 

porations who  shall  become  purchasers  of  the  stock  hereby  created  and 
directed  to  be  issued,  and  shall  conduct  the  business  iu  the  same  manner, 
and  with  the  same  checks,  as  has  been  heretofore  done  in  relation  to  other 
stock  issued  by  this  State. 
Form  of  certifi-  IV.  That  the  following  shall  be  the  form  of  the  certificates  of  stock  hereby 
authorized  to  be  issued  : 


OP   SOUTH   CAROLINA.  27 

State  of  9<toth  Carolina  :  a.  d.  ism. 

No  ,  Charleston,  '       » ' 

Bo  it  known  th:it  there  is  due  from  the  State  ur.to  ,  or  assigns,  (lie 

sum  of  ,  bearing   interest  at  the  rate  of  seven  per  cent,  peranuuru, 

from  the  day  of  ,  eighteen  ,  payable  semi-annually,  and 

not  subject  to  redemption  before  the         day  of         ,  eighteen  .  created 

by  virtue  of  an  Act  to  authorize  the  issue  of  stock  to  the  amount  of  one 
million  eight  hundred  thousand  dollars,  for  the  military  defence  of  the 
State,  and  for  other  purposes,  passed  in  December,  One  thousand  eight 
hundred  and  sixty-one;  which  debt  is  transferable  only  by  the  proprietor, 
or  proprietors,  or  their  attorneys,  in  the  books  of  the  Treasury  in  Charleston. 
President  of  the  Lank, 

Treasurer  of  the  State  of  South  Carolina. 

V.  That  any  certificate  of  stock  issued  under  the   authority  of  this  Act,  Countersigned. 
shall  be  countersigned   by  the   President  of  the   Bank  of  the  State  of  South 
Carolina. 

VI.  That  the  interest  on   the  said  stock  shall  be  paid  semi-annually,  on  Interest, whan 
the  first  day  of  July  and  the  first  day  of  January,  in  each  year,  at  the 
Treasury  of  the  Lower  Division. 

VI  I.  That  the  said  stock,  so  to  be  issued,  shall  be  redeemable  as  follows  :  stock,  when 
One  hundred  thousand  dollars  on  the  first  day  of  July,  in  tbe  year  eighteen 
hundred  and  sixt\ -seven,  and  one  hundred  thousand  dollars  on  the  first  of 
July,  in  each  succeeding  year  thereafter,  until  the  whole  amount  be  paid  ; 
and  the  certificates  to  be  issued  shall  conform  to  this  arrangement,  so  that 
certificates  to  the  amount  of  one  hundred  thousand  dollars  shall  be  made 
payable  in  each  year,  from  the  first  of  July,  eighteen  hundred  and  sisty- 
n,  to  the  first  of  July,  eighteen  hundred  and  eighty  four. 

VI II.  That  the  faith  of  the  State  is  hereby  pledged  for  the  redemption  stock,  faith  of 
of  the  stock  issued  under  this   Act,  and  the  interest   on   the  said  stock,  and  for  itsredemp- 
the  said  sum  of  one  hundred  thousand  dollars,  so  to  be  paid,  annually,  from 

eighteen  hundred  and  ,-ixty-scven  to  eighteen  hundred  and  eighty-four, 
inclusive,  shall  be  raised  and  provided  for  by  taxation. 

IX.  That  the  Presideut  of  the  Dank  of  the   State  and  the  Treasurer  of  Sales  of  stock, 
the  Lower    Division  be,  and  they  are  hereby,  authorized  to  sell  and  dispose  madi ■'. '"" 

of  the  said  stock,  and  to  deposit  the  funds  arising  therefrom  in  tbe 
"treasury  of  the  State,  and  that  the  Treasurer  of  the  Lower  Division  be 
allowed,  in  addition  to  tbe  compensation  now  allowed  him,  four  hundred 
dollars,  annually,  to  provide  for  the  additional  expense  of  Clerk  hire  neces- 
sary to  the  proper  discharge  of  tbe  duties  imposed  by  this  Act. 

X.  That  the  sum  of  six  hundred  and  fifty-nine  thousand  two  hundred  and  Debt  due  the 
ninety-four  dollars  and  six  Cents,  HOW  due  to  the  State  of  South  Carolina  by  I 

the    Confederate   States  of  America,  as  appears  by  the   report  of  the  Hon- disposed ot 


28 


STATCTES    AT    LARGE 


A.  D.  1861. 


orable  W.  G.  DeSaussure,  Secretary  of  the  Treasury,  made  to  his  Excellency 
the  Governor,  when  collected  from  the  Government  of  the  Confederate  Slates. 
or  any  part  of  the  same  that  may  he  collected,  is  hereby  ordered  to  be 
deposited  in    the  Treasury  of  the  State  of  South  Carolina. 

In  th"  Senate  Bouse,  the  t\\  -nty-lii — t  <l:n  <  ber,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and   sixty-one,  and  in  the  ei 
sixth  year  of   the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  House  of  Representative*. 


No.  4577.    AN  ACT   for  Rebuilding  the    City  of  Charleston,    after  the 

Recent  Conflagration. 


Bonds.  Gov- 
ernor to  issue 


I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  the 
Governor  of  the  State  of  South  Carolina  be,  and  he  is  hereby,  authorized 
and  directed,  in  the  name  of  the  said  State,  to  issue  bonds,  certificates  of 
stock,  or  other  contracts,  to  be  countersigned  by  the  Comptroller  General, 
not  exceeding  in  all  the  sum  of  one  million  of  dollars,  which  bonds,  certifi- 
cates  of  stock,  or  other   contracts,   shall  be  made  payable  as  follows,  viz  : 

When  payable.  Bonds,  certificates  of  stock,  or  other  contracts,  to  the  amount  of  two 
hundred  and  fifty  thousand  dollars,  shall  be  payable  on  the  first  of 
January,  eighteen  hundred  and  seventy-two,  and  others,  to  the  like 
amount  of  two  hundred  and  fifty  thousaud  dollars,  shall  be  made 
payable   on    the  first    of  January    in   each    succeeding  year,    until    the 

Interest.  whole  amount  is  paid  ;    the  same   to  bear  interest  at    the   rate  not    ex- 

ceeding seven  per  cent,  per  annum,  for  the  purpose  of  procuring  a 
loan  on  the  credit  of  the  State  to  rebuild  that  portion  of  the  city  of  Charles- 
ton now  lying  in  ruins  ;  that  the  said  bonds,  certificates  of  stock,  or  other 
contracts,  be  issued  in  sueh  form,  and  for  such  sums,  and  the  principal  and 
interest  be  made  payable  at  such  times  and  places,  as  shall  be  most  effectual 
in  procuring  the  said  loan,  either  in  Europe  or  America;  and  that  the  faith 
and  funds  of  the  State  of  South  Carolina  be,  and  the  same  are  hereby, 
pledged  to  secure  the  punctual  payment  of  the  said  bonds,  certificates  of 
stock,  or  contracts,  with  the  interest  thereon. 


Bonds,  form 
and  sums. 


OF   SOUTH   CAROLINA.  29 

II.  That  in   order  to  effect  the  said  loan,  the  Governor  is  authorized  and      a.  l>.  ism. 
directed  to  commission    such  agent  or  agents  as  the    President    and  Pirec-     v~"— "y"~ ■"' 
tors  of  the  Bank  of  the  State  of  Smith   Carolina  shall  appoint,  which  said  ' ge' 
agent  or   agents  shall  be  empowered   to  receive  the  said  bonds   or  contracts 

from  the  Governor  and  Comptroller  General,  and  to  make  all  such  arrange- 
ments as  in  his  or  their  judgment  may  he  deemed  expedient  for  procuring 
the  said  money,  and  placing  il  I"  the  credit  of  the  State,  subject  to  the  draft 
or  order  of  the  President  of  the  Hank  of  the  State  "I'  South  Carolina. 

III.  The  President  and   Directors  of  the  said  Bank  are  authorized  and  Loans,  to  be 
required,  from  the  moneys  so  borrowed,  to  loan  to  such  applicants  as  will 

rebuild  the  portion  of  the  Citj  of  Charleston  which  has  been  destroyed  by 
the  late  lire,  one  million  of  dollars,  if  so  much  be  required,  under  the  follow- 
ing terms  and  regulations,  viz  : 

Clause  1.  As  soon  as  the  said  loan,  or  any  portion  thereof,  may  be  Loans,  liow  to 
effected,  any  applicant  desiring  to  build  upon  the  said  burnt  district  may 
avail  himself  of  the  benefit  thereof  by  making  application  to  the  said  Bank, 
setting  forth  a  description  and  estimated  COSt  of  the  building  be  proposes 
to  erect,  together  with  the  situation  and  dimensions  of  the  lot  whereon  the 
building  is  proposed  to  be  placed,  and  an  abstract  of  his  title  thereto  ;  and 
upon  the  President  and  Directors  of  the  said  Bank  being  satisfied  with  the 
title,  and  that  it  is  free  from  incumbrance,  they  shall  direct  the  said  lot  to 
be  valued  by  the  Commissioners  hereafter  named,  who  shall  certify  their 
valuation  to  the  President  and  Directors,  whereupou  the  said  President 
and  Directors  are  authorized  and  instructed  to  loan  to  the  said  applicant 
one-half  of  the  appraised  value  of  his  said  lot:  Provided,  That  before  any 
loan  be  actually  made,  and  money  advanced  to  said  applicant,  it  shall  appear 
that  work  has  been  done  to  the  amount  of  one-fifth  of  the  estimated  cost  of 
the  building;  and  all  applications  for  the  said  loan  shall  be  made  within 
three  years  lrom  the  passiug  of  this  Act. 

Clause  -■  The  applicant  shall  enter  into  bond,  in  a  sufficient  penalty,  with  Applicants  to 
condition  to  pay  to  the  President  and  Directors  of  the  said  Dank  of  the  s' 
Stale,  each  principal  sum  which  may  be  loaned  him,  in  ten  equal  annual 
instalments,  the  first  of  which  shall  lie  payable  within  four  years  from  the 
date  of  the  bond  ;  also,  with  condition  to  pay  the  interest  annually;  also,  with 
the  further  condition  that  the  money  loaued  shall,  within  one  3rear  from  its 
receipt,  be  expended  in  the  erection  of  brick  or  stone  buildings,  with  roofs 
or  coverings  aud  cornices  of  incombustible  material,  upon  the  said  lot  of 
land  ;  and,  also,  that  the  said  applicant  shall,  in  all  respects,  comply  with 
the  provisions  of  this  Act;  and  the  said  bond  shall  be  secured  by  a  mort- 
gage of  the  lot  of  land,  which  mortgage  shall  be  in  the  following  form': 
"I,  do  assign  over  to  (be  President  and  Directors  of  the  Bank  of  the  Mortgage, 

State  of  South  Carolina,   their  successors  or  assigns,  forever,  my — [hero 


30  STATUTES   AT   LARGE 

a. d.  1861.      describe  the  estate  particularly] — which  estate  I  declare  to  be  in  mortgage 
y  -      for  securing  the  repayment   of  such  sum  or  sums  of  money  as  maj   be 
loaucd   uuiler  the    Act   for  ng    the  City  of  Charleston,  passed  in 

December,  eighteen  hundred  and  sixty-one,  with  interest,  insurance,  and 
so  forth,  and  agree  that  the  same  ma}'  be  exposed  for  sale,  according 
to  the   provisions  of  the   said   Act.  if  do  not  repay  the  princi- 

pal, interest,  insurance,  and  so  forth,  at  the  several  and  respective  times 
on  which  they  shall  be  lawfully  due  and  payable.     Witness  hand 

and  seal,   this  day  of  ,  one  thousand   eight  hundred  and 

sixty  "     On   which    mortgage,    should    the     applicant  be     mar- 

ried, a  renunciation  of  dower  by  the  wife  shall  be  made,  according  to 
law.  and  which  mortgage  shall  be  valid  to  all  intents  and  purposes,  as  if 
more  formally  drawn  ;  and  if  the  said  mortgage  should,  at  any  time,  become 
forfeited,  either  by  failure  to  pay  any  part  of  the  principal  or  interest  of 
the  said  debt  at  the  time  specified,  or  by  a  breach  of  any  of  the  conditions 
of  the  saiii  bond,  the  President  and  Directors  of  the  said  Bauk  shall  and 
may,  after  six  months'  nntice  to  the  obligor,  his  heirs,  executors,  adminis- 
trators or  assigns,  either  personally  served  or  published  in  one  or  more 
public  gazettes  in  the  City  of  Charh  Bton,  proceed  to  sell  the  property  mort- 
gaged, by  auction,  ;.s  hereinafter  provided,  for  the  best  price  that  can  be 
obtained  for  the  same,  which  said  sale  shall  be  advertised  for  three  weeks 
previously,  in  one  or  more  of  the  public  gazettes  of  the  City  of  Charleston; 
and  the  moneys  arising  from  such  sale  shall  be.  applied  by  the  President  and 
Directors  of  the  said  Dank  in  satisfaction  of  the  said  bond,  and  any  expenses 
arising  from  the  said  sale,  any  law,  usage  or  custom  to  the  contrary  thereof, 
in  anywise  notwithstanding;  aud  the  purchaser  at  such  sale,  his  heirs  aud 
assigns,  shall  be  deemed  to  be  seized  of  a  good,  and  absolute,  and  letral 
estate,  in  fee  simple,  of  the  premises  purchased,  as  against  all  parsons 
whomsoever,  their  heirs  aud  assigns,  not  claiming  by  or  under  a  paramount 
title. 
Further  loans.  3.  Whenever  the  amount  first  loaned  shall  have  been  expended  in  the 
erection  of  buildings  as  aforesaid,  the  said  applicant,  his  heirs  at  law,  legal 
representatives,  or  assigns,  may  make   appl  or  a  further  loan,  where- 

upon the  President  and  Directors  of  the  said  Dank  shall  cause  the  said  Com- 
missioners to  ascertain  and  report  whether  the  sum  orignally  loaded  has  bi  en 
applied  as  aforesaid,  and  upon  the  same  being  certified  to  the  said  President 
and  Directors,  they  shall  make  to  such  applicant,  his  heirs  at  law.  repre- 
sentatives and  assigns,  a  further  loan,  equal  in  amount  to  one-half  the 
apt  raised  value  of  said  lot,  should  so  much  be  necessary  to  complete  the 
improvements  thereon,  which  said  loan  shall  be  taken  upon  the  same  terms, 
and  subject  to  the  same  conditions,  as  the  first;  and  a  further  loan  shall  be 
made,  equal  to  one-half  the  value  of  the  lot,  should  so  much  be  required 


OF   SOUTH    CAROLINA.  31 

to  completo  the  improvements   thereon,  whenever   the  said    Commissioners      A. D.  1861. 
shall    certify  to   the   President  and   Directors   of  the  said   Hank   that  the    'w— y"~"' 
amount  already  loaned   hi-  been  actually  expended   agreeably  to  the  pro- 
visions <il'  this  l.tiv.  an  1  i-  bo  in  as  i  g  io  1  p  dicy  <ii  insurance  upon  the  prop- 
erty shall   have  been  duly  assigned   to    the    Bank]   and  the  said  additional 
loans  shall  be  taken  subject  to  the  same  conditions,  and  shall   b  in 

the  same  manner,  as  the  first.  And  in  ease  any  part  of  the  said  one  million 
of  dollars  shall  remain  alter  making  the  said  loans,  the  same  may  be  lent 
to  any  applicant,  01  •  at  law.  reg  .  lor  the  pur- 

of  completing    his    improvements,   upon    such    securities    as    may  bo 
deemed  satisfactory  by  the  President  and  Directors  of  the  said  Bank. 

4.  The  valuation  of  the  lots  upon  which  the  said  loans  are  to  be  made,  commissioners 
and  also  the  certificates  of  expenditures  upon  the  buildings,  shall  be  made  by        *      lon' 
a  Board  of  five  Commissioners,  two  of  whom  shall  be  appointed  in  behalf  of 
the  State  by  the  Bank,  and  two  in  behalf  of  th  the  City  Council, 

and  a  fifth  to  be  chosen  by  the  other  four;  and  in  case  any  vacancy  occur,  it 
shall  be  filled  by  the  same  parties  who  had  appointed  to  the  place  so  become 
inl ;  an  1  the  said  B  :anl,  or  a  m  ijority,  (having  been  first  duly  sworn  to 
the  faithful  discharge  of  their  duty.)  shall,  in  all  eases  where  a  1  iarj  i-  V>  be 
made  or  increased,  certify  their  valuation  to  the  Hank,  aud  make  such 
report  of  facts  as  may  I  v  and  proper  to  enable  the  said    Bank  to 

discharge  its  duty  to  all  in  <  nccrned. 

•  >.    In  all  cases  where    the  value  of   the  lot  has   been    loaned,  it   shall   be  Tnsuranceto  be 
the  duty  of   the  borrower  to  cause    insurance  to  be  effected  upon  the  build- 
thereon,  and  to  keep  the  sami  d,  and  to  assign  the  policy  to  the 

Bank  as  collateral  security;  and  in  ease  the  Said  borrower  shall  neglect  so  to 
do,  the  Bank  shall  cause  insurance  to  be  effected  or  renewed  in  behalf  of 
the  President  and  Directors  of  the  said  Bank,  and  shall  deinaud  from  the 
said  borrower  the  premium  of  insurance  paid,  and  all  expenses  ;  and  if  the 
same  are  not  paid  within  two  i it li-.  then  the  bond  given  by  such  bor- 
rower shall  be  considered  forfeited,  and  he  shall  forthwith  be  bound  to  pay 
up  the  whole  of  his  debt,  as  though  the  instalments  had  all  been  made 
payable  at  such  date  of  forfeiture,  if  the  said  Bank  shall  deem  it  expedient 
to  require  payment  of  the  same  ;  and  in  all  eases  where  a  policy  of  insur- 
ance is  required  by  this  Act,  the  Bank  may  accept  in  lieu  thereof  some 
other  collateral  security. 

6.  No  loan   shall   be   made  upon   any  lot   upon   which   there   may  be  a  Wooden  build. 

n  building,  unless  sufficient  security  be  first  given  that  the  same  shall  from  loan. 
be  removed  within  i  ■■■    ■  his  Act.. 

7.  i'he  interest  to  be  charged  on  the  said  loans  shall  be  fixed  Lit  as  low  a  Interest qb 
rate  as  will  cover  the  interest   to  be  paid   by  the   State,  with  the   necessary 


32 


STATUTES    AT    LARGE 


A. D.  1SC1. 


Single  bonds 


Abstract  oftitle 

and  title  deeds 
unrecorded. 


Policy  of 

insurance. 


Loan,  prelim- 
inary applica- 
tion'for. 


Ordinance  to 

guarantee 

state. 


Lessee  or 
tenant  for  life, 
loans  may  be 
made  to. 


Mortgage  a 
charge  upon 
land. 


charge  of  remittance  ;    but  the  said  rates  shall,  in  no  event,  exceed  eight 
per  cent,  per  annum. 

8.  The  applii  int  for  a  loan  maj  execute  a  single  bond,  with  a  penalty 
sufficient  to  cover  all  loans  which  may  be  made  to  him  in  virtue  of  the 
said  Act,  and  a  single  no  to  secure  the  said  bond;  and  the  said 
bond  and  mortgage  .-hall  .ued  by  the  Attorney  General  as  to  em- 
brace all  the  loans  which  may  be  made  under  the  said  Act;  and  the  niort- 

80  executed  shall  be  deemed  and  taken  as  effectual  to  protect  and 
secure  all  such  loans  as  are  within  the  amount  of  the  penalty  of  the  bond, 
in  the  same  manner  as  though  the  whole  amount  which  shall  be  subse- 
quently loaned  had  been  loaned  at  the  date  of  the  said  bond  and  mortgage. 

9.  The  applicants  for  the  said  loan  shall  be  required  to  furnish  the  Hank 
only  with  an  abstract  of  their  title,  and  with  such  title  deeds  as  may  be 
in  their  possession  not  recorded.  They  shall  not  be  required  to  furnish 
copies  of  any  evidence  or  muniment  of  title  or  mesne  conveyance,  which 
has  been  recorded  in  the  proper  public  office. 

10.  The  policy  of  insurance  which  shall  be  required  from  any  applicant 
for  a  loan -shall  be  deemed  sufficient,  if  taken  for  such  amouut  as  it  is  cus- 
tomary for  insurance  offices  within  the  State  to  take  upon  any  single  risk. 

11.  Preliminary  applications  for  the  said  loan  shall  be  received  by 
the  Bank  from  any  applicant,  setting  forth  the  description  and  estimated 
cost  of  the  building  proposed  to  be  erected,  together  with  the  situation  and 
dimensions  of  the  lot  whereon  the  building  is  to  be  placed  ;  and  the  Presi- 
dent and  Directors  of  the  Bank,  upon  receiving  such  application,  shall,  even 
before  information  as  to  the  condition  of  the  title,  direct  the  lot  to  be  valued 
by  the  Commissioners  appointed  for  that  purpose;  and  the  said  Commis- 
sioners shall  value  the  same,  and  certify  their  valuation  in  the  manner 
provided  by  this  Act;  and  the  President  and  Directors  of  the  Bank  shall 
thereupon  inform  the  applicant  of  the  sum  to  which  he  will  be  entitled  on 
complying  with  the  provisions  of  the  law;  but  no  loan  shall  actually  be  made 
until  the  applicant  shall  fully  have  complied  with  the  provisions  of  this  Act. 

IV.  Before  the  said  loan  is  effected,  the  City  of  Charleston  shall,  by  an 
ordinance  to  be  duly  ratified  by  the  city  authorities,  guarantee  the  State 
against  all  loss  to  arise  from  loans  to  be  made  under  the  authority  of  this 
Act. 

V.  The  lessee  or  tenant  for  life  of  any  lot  or  lands  within  the  said  Dis- 
trict shall  be  allowed  the  benefit  of  the  provisions  of  this  Act,  if  the  owner 
of  the  reversion  or  remainder  join  in  the  mortgage  to  secure  the  amount 
loaned,  in  such  form  as  may  be  advised  by  the  Attorney  General 

VI.  The  mortgage  executed  by  the  applicant  shall  be  a  charge  upon 
the  land  in  favor  of  the  said  Bank  and  its  assigns,  from  the  date  of  its  regis- 
try in   the  office  of  Mesne  Conveyance,  against  all  persons  whomsoever ; 


OF    SOUTH   CAROLINA.  33 

f 

and  all  mortgages  shall  bo  recorded,  or  lodged  in  the  Register's  office  for      A.  D.  1881. 

record,  by  the  applicants,  before  any  money  shall  be  paid  by  the  Bank.  "— "~ v— — ■ ' 

VII.  That  the  fees  of  each  public  officer  who  shall  furnish  certificates  to  Pees  and  doty 
be  used  in  procuring  the  said  loan,  shall  be,  as  is  usual,   twelve  and  a-half 

cents  for  searches  through  all  their  books  for  each  name,  and  sixty-two  and 
a-half  cents  for  their  certificate;  but  no  public  officer  shall  demand  or 
receive  from  auy  applicant  for  the  said  loan  more  than  two  dollars  for  all 
searches,  certificates  and  services,  which  may  be  made,  given  or  rendered 
in  his  office  for  the  Baid  applicant  upon  any  one  application  for  a  loan;  and 
every  public  officer  who  shall  demand  or  receive  more  than  two  dollars  for 
all  searches,  certificates  ami  services,  inclusive,  or  who  shall  refuse  to  per- 
form the  usual  duties  of  the  office  at  the  request  of  any  such  applicant,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  before  any 
Court  of  competent  jurisdiction,  shall  be  subject  to  fine  and  imprisonment, 
at  the  discretion  of  the  Court. 

V I I I .  That  no  charge  shall  be  made  against  any  applicant  for  a  loan,  by  Bond  nn,t 
the  Attorney  General,  for  the  bond  and  mortgage  required  to  be  taken  by  charj 
the  Rank,  nor  for  any  other   professional   service   rendered  by   him   in   the 
arrangements  for  a  loan. 

IX.  That   any  person  owning  a  lot  upon  which  a  brick  or  stone  building  Buildings  com- 
shall  have  been  commenced  since   the  fire   of  December,  instant,  shall    bethefire,l 
entitled  to  receive   all   the  instalments   of  the   loan  which   he  could  have  underAot.6 
claimed  under  this  Act.   if  he  had  made  application  before  the  commence- 
ment of  the  work  :  Provided,  he  shall  substantially  comply  with  all  the  con- 
ditions required  of  an  original   applicant  who  shall  have  received  the  same 

number  of  instalments,  and  shall  substantially  give  to  the  Bank  security 
equal  to  that  which  would  have  been  required  of  such  original  applicant. 

X.  And    whereat  the  frequent  visitations  of  the  City  of  Charleston  by  Fire-proof 
fire,  the  destruction   of  property,   and   the  loss   of  life   occasioned   thereby, 
admonish  the  State  of  the  evil  of  permitting  other  than  tire-proof  buildings 

in  the  said  city  ;  and  whereat  the  funds  of  this  State  herein  authorized  to 
be  advanced  on  the  security   of  buildings   in  the  said  city   may  be  endan-     • 

1,  and  no  inducement  is  offered  to  individuals  to  erect  fire-proof  build- 
ings so  long  as  others  are  allowed  to  build  in  their  immediate  neighborhood 
of  combustible  materials;  for  remedy  whereof,  that  hereafter  it  shall  not 
be  lawful  to  build,  put,  erect  or  construct,  within  the  City  of  Charleston, 
any  wooden  or  frame  building  or  cornice,  or  to  cover  any  building  with  a 
roof  of  combustible  materials,  except  as  now  authorized  by  law.  And  all 
persons  applying  for  loans  under  this  Act  shall  be  required,  as  one  of  the 
conditions  of  the  loan,  to  have  a  cistern  on  each  lot  mortgaged  for  the  Baid 
loan. 

5 


34  STATUTES    AT    LARGE 

I 
A.  D.  1861.  XI.  Whenever  default  shall  ho  made  in  the  payment  of  any  of  the  instal- 

<        '     ments  of  the  principal  sum  of  anv  of  the  said  loans,  or  of  the  annual  interest, 
Instalmi  ...  .... 

in  i  ;iy-   premium  of  insurance,  taxes,  or  incidental  expenses,  aforesaid,   at  the  times 

Trn-nt  of,  rem-  .,,...  .  ,  ,  •       .  •         1     ,,   , 

edy  for.  respectively  hunted  and  appointed  by  this  Act,  it  shall  be  the  duty  of  the 

President  and  Directors  of  the  Bank  of  the  State  of  South  Carolina  to  cause 
the  property  mortgaged  to  secure  the  payment  of  any  such  loan  to  be  sold 
for  the  satisfaction  of  the  entire  debt,  as  herein  provided,  and  shall  exe- 
cute conveyance  thereof  to  the  purchaser.  But  such  sale  shall  not  be  made 
for  cash,  but  for  such  portion  of  the  price  for  which  the  same  may  be  sold 
as  may  be  equal  to  the  amount  then  actually  due  on  the  said  loan  to  be  paid 
in  cash,  and  for  such  credit  as  to  the  residue  as  the  debtor  would  have  been 
entitled  unto  for  the  residue  of  the  debt,  if  the  part  thereof  then  past  due 
had  been  actually  paid,  and  the  purchaser  at  a  sale  of  property  so  made, 
shall  give  bond  and  mortgage,  as  provided  for  in  this  Act,  and  he  shall  be 
subject  to  the  provisions  of  this  Act  in  relation  to  the  enforcement  of  pay- 
ments, and  the  said  President  and  Directors  may  require  personal  or  other 
further  security,  if  they  consider  the  same  expedient. 
Mortgages,  XII.  That  the  Commissioners  of  Public  Buildings  for  Charleston  District 

be  provided,  shall  provide  one  or  more  volumes  of  blank  forms  of  the  mortgage  prescribed 
by  this  Act,  to  be  furnished  the  Register  of  Mesne  Conveyances  for  said 
District,  in  which  the  mortgages  taken  under  this  Act  shall  be  recorded  ;  and 
the  fee  for  recording  such  mortgages  shall  he  one-half  the  rates  now  allowed 
by  law. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  House  of  Representatives. 


No.  4578.    AN  ACT  to  incorporate  the  Insurance  and   Trust  Company  op 
Charleston,  and  the  Calhoun  Insurance  Company. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met  and 

Name.  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  the 

persons  who  shall  become  stockholders,  in  the  manner  hereinafter  prescribed, 

shall  thereupon  become,  and  they  and  their  successors  and  assigns  shall  be, 


OF   SOUTH   CAROLINA.  •  35 

a  body  politic  and  corporate,   under  the  name,  style  and  title  of  "The      a.  d.  iS6i. 
Insurance  and  Trust  Company  of  Charleston."  ' <— -* 

II.  The  capital   stock  of  said  company   shall  be   two   hundred  thousand'  Capital  Stock, 

amount  of. 
dollars,  with  the  privilege  of  increasing  the  same  to  five  hundred  thousand 

dollars,  which  shall  be  divided  into  shares  of  twenty-five  dollars   each,  and 

shall  be  raised   in  the  following  manner:  The  following  persons  are  hcrebv  Commissionera 
,  .   .  ....  .  J  !•'■ live  sob- 

appointed  Commissioners  to  receive  subscriptions,  to  wit :   Charles  Kcrrison,  Bcriptdons,  time 

Joseph  Provost,  and  Samuel  11.  Mortimer;  and  said  Commissioners,  or  a 
majority  of  them,  shall,  on  the  thirtieth  day  of  December,  instant,  and  the 
day  following,  from  ten  o'clock  of  the  forenoon  until  two  o'clock  of  the 
afternoon,  of  each  day,  at  such  placo  in  Charleston  as  they  shall  appoint, 
receive  subscriptions  to  the  capital  stock  of  the  said  company,  from  all  per- 
sons offering  to  subscribe  thereunto,  and  paying,  at  the  time  of  subscribing, 
five  dollars  for  each  share  subscribed  by  them,  respectively — payment 
thereof  to  be  made  in  specie,  or  in  the  bills  of  the  banks  of  this  State,  or 
in  stocks  or  bonds  of  the  Confederate  States,  of  the  State  of  South  Carolina, 
or  of  the  City  of  Charleston,  or  in  Confederate  Treasury  Notes,  or  other  good 
and  valid  securities  within  the  Confederate  States — the  stocks,  bonds  and 
securities  so  taken,  to  be  estimated  by  the  Commissioners  at  the  market  value 
thereof,  at  the  time  of  subscribing  :  Provided,  That  the  said  Commissioners 
shall  give  at  least  five  days'  notice,  by  advertisement  in  the  daily  papers  of 
the  City  of  Charleston  :  And  provided,  That  should  a  larger  sum  than  two 
hundred  thousand  dollars  be  subscribed,  then  the  amount  so  subscribed 
shall  be  the  capital  stock  of  the  company,  with  the  privilege  of  being 
increased  as  above  provided. 

III.  That  if  more  than  five  hundred  thousand  dollars  shall  be  subscribed,  Distribution  of 
the  Commissioners  shall  distribute  the  shares  of  which  the  capital  stock  of  scriptions  are 
the  said  company  is  to  consist,  among  the   subscribers,  as  nearly  as  may  be 

in  proportion  to  the  number  of  shares  subscribed  by  them  respectively  : 
Provided,  always,  That  no  subscription  for  not  more  than  five  shares  shall 
be  reduced,  unless  the  whole  number  of  shares  subscribed  cannot  be 
otherwise  reduced  to  five  hundred  thousand  dollars. 

IV.  That   in   case  the  number  of  shares   subscribed    on   the  two   days  Additional  sub- 
hereinbefore  appointed  for  receiving  subscriptions,   shall  be  less  than  two  urnier.0"*' ' 
hundred  thousand   dollars,  the  Commissioners  shall  coutinue  to  receive,  at 

any  time  within  the  ten  days  next  ensuing,  further  subscriptions,  not 
exceeding  such  number  of  shares  as,  with  those  already  subscribed,  shall 
make  up  the  amount  of  five  hundred  thousand  dollars,  due  public  notice 
thereof  having  been  previously  given,  as  hereinbefore  provided. 

V.  That  the  said  company,  under  its   said  name,  shall  have  perpetual  Corporate  frnn- 
-<ion   of  officers    and    members,   and   all    the   powers,   privileges  and  [ties. 

franchises  incident  to  a  corporation,  and  shall  be  capable  of  taking,  hold- 


36  •  STATUTE8    AT    LARGE 

a.  d.  i86i.      ing,  and  disposing  of  tUeir  capital  stock,  according  to  such   rules,  resrula- 
y~~~      tious  and  institutions,  as  they  may,  from  time  to  time,  establish  ;  and  al 

taking,  holding,  disposing  of  or  investing,  as  the  said  corporation  shall, 
from  time  to  time,  judge  fit,  the  increase,  profit  and  emolument  of  their  said 
capital  stock,  to  their  own  proper  use  ;  shall  have  full  power  and  authority 
to  make,  have  and  use  a  common  seal,  and  with  such  device  and  inscrip- 
tion as  they  shall  deem  proper,  and  the  same  to  break,  alter  and  renew,  at 
their  pleasure;  and  by  the  name,  title  and  style  aforesaid,  shall  be  able  and 
capable,  at  law  and  in  equity,  to  sue  and  be  sued,  implead  and  be  impleaded, 
answer  and  be  answered  unto,  in  all  or  in  any  of  the  courts  or  tribunals  of 
this  State,  in  all  manner  of  suits,  pleas  and  demands  whatsoever ;  and  they 
are  hereby  authorized  and  empowered  to  appoint  a  President  and  other 
officers  and  Directors,  in  such  numbers,  at  such  periods,  and  with  such 
duties,  as  they  shall  see  fit;  and  also  to  make  rules,  by-laws  aud  ordinances, 
and  to  do  every  thing  needful  for  the  good  government  and  support  of  the 
affairs  of  the  said  corporation  :  Provided,  always,  That  the  said  rules, 
by-laws  and  ordinances,  shall  not  be  repugnant  to  the  Constitution  and  laws 
of  this  State,  or  of  the  Confederate  States. 
Real  estate,  VI.  That  the  said  corporation  shall  have   a  right  and  power  to  purchase, 

acquire.  aC(jUjrej  takg^  an(]  hold,  in  their  corporate  name,  lands  aud  real  estate,  and 
the  same  to  demise,  grant,  sell,  assign  aud  convey,  in   fee  simple  or  other- 
wise :  Provided,  The   clear  yearly  income  of  the  real  estate,  so  to  be  held, 
shall  not,  at  any  time,  exceed  ten  thousand  dollars. 
General  VII.  That  the  said  corporation  shall  have  a  right  and  power,  by  their 

powers.  sa^  name,  and  by  the  signature  of  their  President  for  the  time  being,  or 

by  the  signature  of  such  other  person  or  persons,  and  with  such  ceremonies 
of  authenticity  as  they  shall  from  time  to  time,  in  and  by  their  rules  and  by- 
laws, ordain  and  appoint,  to  make  contracts,  and  underwrite  policies  of 
assurance  aud  indemnity  upon  marine  risks,  whether  of  vessels,  or  of  goods 
and  merchandise,  in  whole  or  iu  part  foreign  and  domestic,  whether  lying 
in  foreign  ports,  or  shipped  upon  the  high  seas,  or  in  any  ports  of  the  Con- 
federate States,  or  within  any  of  the  rivers,  bays,  creeks,  canals,  or  waters 
of  this  State,  lying,  or  being,  or  laden  ;  and  also,  in  like  manner,  to 
make  contracts  and  underwrite  policies  of  insurance  and  indemnity  against 
fire  on  all  buildings,  goods,  wares,  merchandise,  and  other  property  liable 
to  destruction  or  accident  by  or  from  fire,  or  the  effects  thereof,  situate, 
lying,  being  or  deposited  in  this  State  or  elsewhere ;  to  lend  or  advance 
money  upou  bottomry  or  respondentia;  to  make  insurance  on  lives;  to  grant 
and  purchase  annuities  ;  to  make  any  other  contingent  contracts,  involving 
the  interest  of  money  ami  the  duration  of  life;  to  receive  money  on  deposit, 
allowing  such  rate  of  interest  for  the  same  as  may  be  agreed  on,  not 
exceeding  the  legal  rate  of  interest;   to  lend  money  on  the  security  of  real 


OF    SOUTH    CAROLINA.  37 

or  personal  property,  bonds,  bills,  or  promissory  notes;  and  generally  to  A.  D.  iS6i. 
transact  and  perform  all  the  bus  Di  relating  to  the  objects  aforesaid,  ^—  >  — ^ 
according  to  the  usage  and  custom  of  merchants,  and  by  snob  contracts 
effectually  to  bind  and  pledge  their  said  capital  stock:  Provided,  That  it 
shall  not  be  lawful  for  the  said  company  to  lend  money  on  the  security 
of  their  own  stuck:  Provided,  alto,  That  the  total  amount  of  the  moneys 
so  received  on  deposit,  or  of  the  promissory  notes  and  bills  of  exchange  in 
the  possession  of  the  said  company,  shall  not,  at  any  one  time,  exceed  one- 
half  iis  capital  actually  paid  in:  And  provided,  also,  Thai  the  amount  to 
the  credit  of  any  one  depositor  shall  at  no  time  exceed  the  sum  of 
twenty  thousand  dollars:  Provided,  also,  Thai  in  case  of  the  failure  of  the 
ipany,  each  stockholder,  copartnership  and  corporation,  having  a  share 
or  shares  therein  at  the  time  of  failure,  or  at  any  time  within  six  months 
previous  to  such  failure,  shall  be  held  individually  liable  and  bound,  to 
double  the  amount  of  the  shares  held  by  them,  respectively,  lor  the  pay- 
ment of  all  such  sums  as  shall  have  been  received  by  the  company  on 
deposit. 

VIII.  That  it  shall   be  lawful    tor  the  Court  of  Chancerv.  or  any  other  Roeeivor, 

.  .         ,        '.        .  _    .      <  "in-  may 

Court,  to  cause  an\    money  in  the  custody  or  under  the  direction  ot  the  appoint  the 

Court,  belonging  to  infants  or  lunatics,  or  other  persons,  to   he  deposited 

witli  the  said  company  ;  and  it  shall  also  lie  lawful  for  anj  Court  to  appoint 
the  said  company  receiver,  in  oases  in  which  a  receiver  is  necessary;  and 
the  said  company,  as  such  depository  or  receiver,  shall  allow  an  interest  of 
not  less  than  four  per  cent,  on  all  sums  so  deposited  or  received,  until  the 
same  shall  be  duly  disbursed,  without  any  charge  for  receiving  or  paying 
the  same  :  Provided,  That  nothing  herein  contained  shall  lie  considered  as 
enjoiniug  on  the  said  Court,  but  only  as  permitting  such  deposit  or  appoint- 
ment. 

IX.  That   the  said  corporation   shall  be,  and    they  are   hereby,  invested  Powers  over 
with  full  power  to  enforce  upon  their  members  the  due  observance  of  all 

laws,  rules  and  regulations,  for  their  better  government,  under  such  penal- 
ties as  they  shall,  in  and  by  such  by-laws,  limit  and  prescribe  ;  and  to  that 
end,  if  need  be.  shall  and  may  institute  and  maintain,  in  their  said  cor- 
porate name,  against  any  one  or  more  of  their  members,  either  at  law  or  in 
equity,  all  just  and  necessary  suits,  actions  and  pleas,  for  the  recovery  of 
all  and  any  sum  and  sums  of  money,  to  the  use  of  the  said  corporation,  in  as 
ample  a  manner  as  such  suits  might  be  maintained  against  persons  not 
members  of  the  said  corporation  ;  any  law,  usage  or  custom  to  the  contrary 
thereof,  in  any  wise  notwithstanding. 

X.  That   in    all    elections,  and    other   corporate    acts  done   by    the    stock-  Votes  propor- 
holders  of  the  said  company,  every  stockholder,  being  the  owner  of  five 


38 


STATUTES    AT    LARGE 


A.  P.  ISM. 


Basinet 

menccment  of. 


Invested,  one- 
third  capital 
to  be. 


Books  may  be 
examim-d  by 
Legislature. 


Remaining 
instalments. 


Calhoun 

Insurance 

Company. 


Capital  Stock. 


Commissioners 


Books  to  bo 
opened. 


pharos,  shall  hare  one  vote  ;  and  for  every  additional  ten  shares,  one  vote  : 
Provided,  That  no  stockholder  shall  be  entitled  to  more  than  forty  votes. 

XT.  Whenever  one-fourth  of  the  capital  of  the  said  company  shall  have 
been  paid  in,  and  satisfactory  proof  thereof  shall  have  been  furnished  to 
the  Comptroller  General,  the  said  company  shall  be  authorized  to  com- 
mence busin 

XTT.  That  at  least  one-third  of  the  capital  of  the  said  company  shall  be 
permanently  invested  in  stocks  or  bonds  of  this  State,  of  the  Confederate 
States,  or  of  the  City  of  Charleston,  or  in  any  other  good  stocks  or  bonds  of 
incorporate  companies  within  the  State;  and  the  company  may  transfer  and 
sell  said  stocks  or  bonds,  or  any  part  thereof,  for  the  purpose  of  re-invest- 
ment, whenever  a  due  regard  to  the  safety  of  its  funds  may  require  : 
Provided,  however,  That  the  company  shall  not  deal  or  trade  in  buying  or 
selliug  any  goods,  wares,  merchandise,  stocks  or  commodities  whatever. 

XIII.  That  the  books  of  the  said  company  shall  be  examined,  from  time 
to  time,  by  such  person  or  persons  as  the  Legislature  may,  for  that  purpose, 
appoint ;  and  the  persons  so  appointed  shall  have  full  power  to  examine 
upon  oath,  to  compel  the  attendance  of  witnesses  and  the  production  of 
papers,  and  inquire  into  the  management  of  the  company;  and  in  cases  of 
mismanagement,  or  violation  of  their  charter,  the  said  company  may  be 
proceeded  against  by  scire  farim,  in  tho  Court  of  Common  Pleas  and 
General  Sessions  for  Charleston  District,  and,  upon  conviction,  shall  be 
liable  to  have  their  charter  annulled  by  the  judgment  of  the  Court. 

XIV.  The  Board  of  Directors  of  the  said  company  are  hereby  empowered 
to  call  in  the  remaining  instalments  on  the  shares  of  the  capital  stock,  in 
such  sums,  and  at  such  times,  as  they  may  deem  advisable :  Provided,  Two 
weeks'  notice  be  given  of  each  call.  And  the  said  instalments  shall  be 
payable  in  the  same  medium  as  heretofore  provided  as  to  the  first  instal- 
ments of  five  dollars. 

XV.  That  the  persons  and  bodies  coporate  who  shall  become  stockhold- 
ers, in  the  manner  hereinafter  prescribed,  and  their  successors,  shall  be  a 
body  politic  and  corporate,  under  the  name,  style  and  title  of  "  The  Cal- 
houn Insurance  Company  of  Charleston." 

XVI.  The  capital  stock  of  said  Company  shall  be  two  hundred  thousand 
dollars,  to  be  divided  into  eight  thousand  shares,  of  twenty-five  dollars  each, 
and  shall  be  raised  in  the  following  manner :  The  following  persons  are 
hereby  appointed  Commissioners  to  receive  subscriptions  to  the  capital  stock, 
to  wit :  Samuel  Y.  Tupper,  William  Kirkwood,  John  S.  Riggs,  George  M. 
Coffin,  and  C.  D.  Barbot.  The  said  Commissioners,  or  a  majority  of  them, 
shall  open  books  at  such  places  in  Charleston  as  they  shall  appoint,  on  the 
thirtieth  day  of  December,  instant,  from  nine  o'clock  of  the  forenoon  until, 
five  o'clock  of  the  afternoon,  and  receive  subscriptions  to  the  said  stock  : 


OF   SOUTH   CAROLINA.  89 

Provided,  Tho  said  Commissioners  shall  have  given  at  least  one  day's  a.  P.isei. 
notice,  by  advertisement  in  two  daily  gazettes  in  the  City  of  Charleston,  of  *"" ~~y— — ' 
the  time  and  place  of  receiving  the  subscriptions,  and  shall  require  a  pay- 
ment of  five  dollars  on  each  share  to  be  made  at  the  time  of  subscription 
therefor — payment  thereof  to  be  made  in  the  bills  of  the  banks  of  this 
State,  or  in  stocks  or  bonds  of  the  Confederate  States,  of  the  State  of  South 
Carolina,  or  of  the  City  of  Charleston,  or  in  Confederate  Treasury  Notes,  or 
other  good  and  valid  securities  within  the  Confederate  States— the  stocks  or 
bonds  to  be  estimated  at  the  market  value  by  the  Commissioners 

XVII.  That  subscribers  paying  their  subscription  money,  respectively, 
shall  form  the  company,  upon  complying  with  the  conditions,  and  subject  to 
the  provisions,  hereinafter  set  forth. 

XVIII.  That  if  at  the  opening  of  the  books  more  than  eight  thousand  Distribution  of 
shares  shall  be   subscribed,  the   Commissioners  shall  distribute   the  eight  axm 
thousand  shares  of  which  the  capital  stock  is  to  consist  among  the  subscri- 
bers,  as  nearly  as  may  be  in  proportion  to  the  number  of  shares   subscribed 

for  by  them,  respectively,  but  subscriptions  of  twenty  shares  or  less  shall  not 
be  reduced,  unless  the  whole  number  of  shares  subscribed  for  cannot  other- 
wise be  reduced  to  eight  thousand. 

XIX.  That  in  case  the  number  of  shares  subscribed  shall  be  less  than  Further  sub- 
eight  thousand,   the  Commissioners  shall  receive  further  subscriptions  to  less  thans,ooo. 
make  up  that  number  at  any  time  within  one  year  after  the  first  opening  of 

the  books. 

XX.  That   the  said  company,  under  its  name,  shall   have  succession  of  Franchises, 
officers  and  members,  and  all  the  powers,  privileges  and  franchises  incident 

to  a  corporation,  ami  shall  bo  capable  of  taking,  holding  and  disposing  of 
their  capital  stock,  according  to  such  rules  and  regulations  as  they  shall, 
from  time  to  time,  establish,  and  also  of  taking,  holding,  disposing  of  or 
investing  tho  increase,  profits,  or  emoluments,  of  their  said  capital  stock;  and 
shall  have  full  power  and  authority  to  have  and  use  a  common  seal,  and  tho 
same  to  alter  and  renew  at  their  pleasure;  aud  by  the  name  and  title  afore- 
mentioned shall  be  able  and  capable,  at  law  and  in  equity,  to  sue  and  be 
sued,  implead  and  be  impleaded,  answer  and  be  answered  unto,  in  all  man- 
ner of  suits,  pleas,  demands  and  judicial  proceedings  whatsoever.  And 
they  are  authorized  and  empowered  to  appoints  President,  Directors,  and 
other  necessary  officers,  at  such  periods,  and  with  such  duties,  as  the  said 
company  shall  see  lit,  and  also  to  make  rules  aud  by-laws  for  the  good  gov- 
ernment and  management  of  the  officers  of  the  corporation  :  P  .  The 
said  rules  and  by-laws  shall  not  be  repugnant  to  the  Constitution  and  Laws 
of  this  State  and  of  the  Confederate  States. 

XXL  That  the  said  corporation  shall  have  right  and  power  to  acquire,  Real  . 
purchase,  take,  and  hold,  in  its  corporate  name,   lauds  aud  real  estate,  aud  acquired. 


40  STATUTES    AT    LARGE 

a  n.1861.      the  same  to  demise,  grant,  sell,  assign,  exchange  and  convey,  in  fee  simple 
Y  or  otherwise:   Provided,  The  clear  yearly  income  of  the  real  estate  so  to  be 

held  shall  nut  at  any  time  exceed  r.  n  thousand  dollars. 
">«>  XXII.  That  the  said   company  is  hereby  authorized  and  empowered  to 

privileges.  .  .    .  '  . 

make  contracts  and   underwrite  policies    ol'  assurance  and  idemnity  against 

fire  on  buildings,  goods,  wares,  merchandise,  shipping,  and  other  property, 
situate,  lying,  being,  or  deposited  in  this  State,  or  elsewhere,  as  well  as  in 
the  City  of  Charleston  ;  ;nid  also  to  make  contracts  and  underwrite  policies 
of  assurance  and  indemnity  apon  marine  risks,  whether  of  vessels  or  of 
goods,  merchandise  or  chattels,  in  whole  or  in  part  foreign  and  domestic, 
whether  upon  the  high  seas,  or  in  foreign  porta,  or  in  ports  of  the  Confed- 
erate States,  or  within  any  of  the  rivers,  bays,  creeks,  canals,  or  waters  of 
this  or  any  other  State  or  country ;  and  also  to  lend  or  advance  monev 
upon  bottomry  or  respondentia. 
Dividends,  XXIII.  That  in  case  of  any  loss,  whereby  less  than  one-third  of  the  cap- 

ital stock  of  the  said  company   shall  be  lost,  during  the  continuance  of  this 
charter,  no  dividend  shall   thereafter  be  made  until  the  deficiency  shall  be 
made  up  by  the  stockholders,  or  the  company,  or  by  the  accumulation  of 
the  profits  of  its  business. 
Lost  capital  to      XXIV.  That  if  the  capital  of  the  company  be  reduced  by  losses  to  less 
corporation   °r  than  two-thirds  of  the  original  capital  stock,  the  deficiency  shall  be  made 
up  by  the  stockholders,  in  sis  months  after  such  reduction  shall  occur,  and 
in  default  thereof,  the  affairs  of  the  corporation  shall  be  wound  up,  aud  they 
shall  cease  to  do  business. 
Officers  individ-      XXV.  That  if  the  affairs  of  the  corporation  are  not  wound  up,  as  directed 
what  case.  '      in  the  preceding  section,  and  they  proceed  with  business,  then  the  Presi- 
dent and  Directors  shall  be  jointly,  and  severally   liable  to  make  good  all 
engagements  of  the  company,  entered  into  after  the  reduction  of  the  capital ; 
but  nothing  in  this   section  shall  extend  to  any  President  or  Director  who 
shall  dissent  to  the  proceedings  of  the  company  in  these  particulars,  and 
who  shall  enter  his  protest  in  the  minutes  of  the  Board,  and  publish  the 
same  in  the  daily  gazettes  of  the  City  of  Charleston,  or  who  shall  be  absent 
from  the  State  during  the  six  months  in  which  the  deficiency  of   capital 
ought  to  have  been  made  up. 

Powers  over  XXVI.  That  the   said  corporation  shall  be   invested  with  full  power  to 

members.  .  ,.111  3  \_     ^  i> 

enforce  upon  their  members  the  due  observance  01  all  rules  and  by-laws  tor 
the  good  government  and  management  of  the  affairs  of  the  company,  under 
such  penalties  as  in  and  by  the  said  rules  and  by-laws  shall  be  limited  and 
appointed,  and  to  this  end,  if  need  be,  shall  and  may  institute  and  main- 
tain, in  their  corporate  name,  against  any  one  or  more  of  their  members,  all 
necessary  suits,  actions  and  pleas,  either  at  law  or  in  equity,  for  the  recovery 
of  any  sum  or  sums  of  money,  to  the  use  of  the  said  corporation,  in  as  ample 


OF   SOUTH   CAROLINA.  41 

a  manner  as  such  suits  might  be  maintained  against  persons  not  members  of     A.  n.  1861. 
the  corporation.  v— y-~"/ 

XXVII.  That  in  all  elections  and  other  corporate  acts  done  by  the  stock-  Vote  propor- 
holders  of  the  said   company,    every  stockholder  shall  be  entitled  to  one  shares, 
vote  for  each  share  owned  by  him  or  her,   or  standing  in  his  or  her  name  : 
Provided^  That  no  stockholder  shall  be  entitled  to  more  than  forty  votes. 

XXVIII.  That  one-fourth  of  the  capital  of  the  company  shall  be  paid  in,  Business,  com- 
■  *»i  nii^-ii  i_     n  n^t  mencement  o£ 

and  satislactory   proof   thereot  be  furnished  to  the  Comptroller  General, 

before  the  said  company  shall  be  authorized  to  commence  business  ;  and  the 
residue  of  the  capital  shall  be  paid  in  at  such  times,  and  in  such  manner,  as 
the  company  may  appoint :  Provided,  The  whole  shall  be  paid  within  one 
year  after  they  shall  have  commenced  business. 

XXIX.  That  the  books  of  the  company  shall  be  examined,  from  time  to  Books  may  be 

11  i        x        •    i  r>  i  milled  by 

time,  by  such  person  or  persons  as  the  Legislature  may,  for  that  purpose,  Legislature, 
appoint;  and  the  persons  so  appointed  shall  have  full  power  to  compel  the 
attendance  of  witnesses  and  the  production  of  books  and  papers,  and  to 
inquire  into  the  management  of  the  company.  In  case  of  abuse  or  viola- 
lation  of  their  charter,  the  said  company  may  be  proceeded  against  by 
scire  facing,  in  the  Court  of  Common  Fleas  and  General  Sessions  for 
Charleston  District  ;  and  upon  conviction,  shall  be  liable  to  have  their 
charter  annulled  by  the  judgment  of  the  Court. 

XXX.  That    at  least  half  of  the  capital  of  the  said  company  shall  be  Invested,  half 
permanently  invested  in  stock  of  this  State,  or  of  the  City  of  Charleston, 

or  of  the  Confederate  States,  or  in  good  stocks  of  incorporated  companies 
within  this  State,  or  in  bonds  secured  by  mortgage  of  real  estate  within  the 
State ;  and  the  company  may  transfer  and  sell  such  stocks,  or  any  part 
thereof,  or  dispose  of  or  collect  the  said  bonds,  for  the  purpose  of  reinvest- 
ment, whenever  a  due  regard  to  the  safety  of  its  funds  may  require : 
Provided,  however,  That  the  said  company  shall  not  deal  or  trade  in  buying 
and  selling  any  goods,  wares,  merchandise,  commodities  or  stocks, 
whatsoever. 

XXXI.  That  no  dividend  upon  the   capital  of  the    company  shall    be  Dividends, 
declared  exceeding  twelve  per  cent. ;  any  excess  of  profits  above  said  per 
centage  shall  be  carried  to  a  surplus  fund,  to  meet  losses  and  equalize   divi- 
dends.    In  case  the  profits  fall  below  the  per  centage  above  specified,  the 
dividends  may  be  increased  to  that  rate  from  the  surplus  fund.   The  interest 

upon  the  investment  of  said  surplus  fund  may,  however,  bo  at  all  times 
added  to  the  dividend,  and  distributed  among  the  stockholders. 

XXXI I.  The  Board  of  Directors  are  hereby  empowered  to  call  in  the  Ron-winnie 
remaining  instalments  on  the  shares  of  the  capital  stock,  in  such  sums  and 

at  such  times  as  they  may  deem  advisable  :  Provided,  Two  weeks'  notice 
6 


42  STATUTES   AT   LARGE 

A.  D. lsoi.      be  given  of  each  call;  and  the  said  instalments  shall  be  payable  in  the  same 
v— ""y-"— ^    niedimu  as  hereinbefore  provided  as  to  the  first  instalment  of  five  dollars. 
XXXIII.  That  this  Act  shall  be  deemed  a  public  Act,  and  the  charters 
hereby  granted  shall  continue  and  be  in  force  for  twenty  years. 

In  tlio  Senate  House,  the  twenty -first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  Route  of  Representatives. 


No.  4579.    AN  ACT  in  reference  to  the  Suspension  of  Specie  Payments  by 
the  Banks  of  this  State,  and  for  other  purposes. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
Acts  of  Assom- and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 

bly,  suspension  .  .  . 

of  certain.  the  operation  of  the  third  section  of  an  Act  entitled  "  An  Act  for  the  sus- 
pension of  certain  sections  of  certain  Acts,  and  for  other  purposes,"  ratified 
on  the  twenty-first  day  of  December,  in  the  year  eighteen  hundred  and  fifty- 
seven,  as  amended  by  the  sixth  section  of  an  Act  entitled  "An  Act  to 
regulate  the  mode  of  electing  Directors  of  the  Bank  of  the  State  of  South 
Carolina,  and  for  other  purposes,"  ratified  on  the  twenty-first  day  of  Decem- 
ber, in  the  year  eighteen  hundred  and  fifty-eight,  be,  and  the  same  is  hereby, 
postponed  until  the  first  day  of  January,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  sixty-three. 

II.  That  the  second  section  of  an  Act  entitled  "An  Act  to  provide  against 
the  suspension  of  specie  payments  by  the  Banks  of  this  State,"  passed  on 
the  eighteenth  day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  forty,  be,  and  the  same  is  hereby,  suspended  until  the  first  day 
of  January  which  will  be  in  the  year  one  thousand  eight  hundred  and  sixty- 
three. 

III.  That  the  fifth  section  of  an  Act  entitled  "An  act  to  re-charter  tho 
Planters  and  Mechanics  Bank  of  South  Carolina  ;  the  Union  Bank  of  South 
Carolina;  the  Commercial  Bank  of  Columbia,  South  Carolina,  and  to  incor- 
porate the  Exchange  Bank  of  Columbia  ;  the  Farmers  and  Exchange  Bank, 
and  the  People's  Bank  of  Charleston  ;  the  Bank  of  Newberry;  the  Bank  of 
Chester;  the  Bank  of  Sumterville  ;  the  Planters  Bank  of  Fairfield,  and  the 


OF  SOUTH   CAROLINA.  43 

Western  Bank  of  South  Carolina,  at  Auderson,"  passed  the  sixteenth  day      a.  d.  I86i. 
of  December,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-    ^"~~"v~-/ 
two,  and  all  sections  of  other  Acts  containing  the   like  provisions,  be,  and 
the  same  are  hereby,  suspended  until  the  first  day  of  January  which  will  bo 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  .sixty-three. 

IV.  That  in  case  any  of  the  Banks  of  this  State  shall  be  compelled,  by  Banks  may 
any  exigency  arising  out  of  the  existing  war,  to  close  any  of  their  offices  in  focatJon? 
any  of  the  places  in  which  they  are  now  established  by  law,  that  then  and 

in  such  case,  the  said  Banks  be,  aud  the  same  are  hereby,  authorized  to  estab- 
lish their  respective  offices  and  transact  their  business,  during  the  contin- 
uance of  the  said  exigency,  in  any  other  suitable  place  or  places  within  the 
State,  as  their  respective  Boards  of  Directors  may  determine ;  and  the  said 
Boards  of  Directors  shall  judge  of  the  existence  and  coutinuance  of  the  exi- 
gency aforesaid. 

V.  That  the  bills  or  notes,  and  all  other  money  engagements  of  any  of  mil*.  *<•„  made 
the  said  Banks  which   may  be  compelled  to  close  their  present  offices  or  location. 
places  of  business,  and  establish  them  elsewhere,  as  aforesaid,  be,  and  the 

same  are  hereby,  made  payable  at  their  respective  new  places  of  business; 
and  all  bills,  drafts,  notes  and  other  negotiable  paper,  held  by  the  said 
Banks  and  made  payable  at  their  old  places  of  business,  may  be  presented 
for  acceptance  or  payment,  and  protested  for  non-acceptance  or  non-pay- 
ment, at  their  new  places  of  business,  in  the  same  manner,  and  with  the 
same  legal  effect,  as  tj  demand  cm  drawer  and  maker,  and  notice  to  endorsers, 
as  if  the  said  bills,  drafts,  notes,  or  other  negotiable  paper,  had  been  uiado 
payable  at  their  said  new  places  of  business. 

VI.  That  the  said  Boards  of  Directors  be,  and  are  hereby,  authorized  and 
empowered  to  make  all  needful  rules  and  regulations  to  carry  the  provisions 
of  this  Act  into  full  and  complete  effect,  according  to  the  true  intent  and 
meaning  thereof. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  tho  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Sena/e. 
JAMES  SIMONS,  Speaker  Huuse  of  ReprcsaUatiet*. 


44 


STATUTES   AT   LARGE 


A. P.  1S61. 


No.  4580. 


am  act  to  incorporate  tiie  trenholm  mutual  insurance 

Company. 


Name. 


Capital  Stock. 


Books  to  be 
opened. 


I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
the  Commissioners  hereinafter  named,  with  such  other  persons  as  shall 
become  stockholders,  in  the  manner  hereinafter  prescribed,  and  their  succes- 
sors, shall  be  a  body  politic  and  corporate,  by  the  nauieaud  style  of  the  Tren- 
holm  Mutual  Insurance  Company. 

II.  That  the  capital  stock  of  the  said  Company  shall  be  two  hundred 
thousand  dollars,  which  shall  be  divided  into  eight  thousand  shares  of  twen- 
ty-five dollars  each,  with  the  right  to  increase  the  same  six  hundred  thousand 

Commissioners,  dollars  more,  in  script  capital.  The  following  persons  shall  be,  and  are 
hereby,  appointed  Commissioners  to  receive  subscriptions,  to  wit :  John  S. 
Riggs,  A.  S.  J.  Perry,  Simons  Lucas,  Jr.,  Abbott  B.  White,  and  George 
Lamb  Buist.  The  said  Commissioners,  or  a  majority  of  them,  shall,  at 
Charleston,  on  the  second  Monday  in  February  next,  from  nine  o'clock  in  the 
forenoon  until  five  o'clock  in  the  afternoon,  at  such  place  as  they  shall 
appoint,  open  books  and  receive  subscriptions  to  the  capital  stock  of  said 
Company  :  Provided,  The  said  Commissioners  shall  have  given  at  least  teu 
days'  notice,  by  advertisement  in  two  daily  gazettes  in  the  City  of  Charles- 
ton, of  the  time  and  place  of  receiving  the  subscriptions,  and  shall  require 
payment  of  five  dollars  on  each  share  to  be  made  at  the  time  of  receiving 
the  subscription — the  said  payment  to  be  made  in  specie,  or  in  the  bills  of 
the  banks  of  this  State,  or  in  stocks  or  bonds  of  the  Confederate  States,  of 
the  State  of  South  Carolina,  or  of  the  City  of  Charleston,  or  in  Confederate 
Treasury  Notes,  or  in  other  good  and  valid  securities  within  the  Confederate 
States — the  stocks  and  bonds  and  securities  so  taken  to  be  estimated  by  the 
Commissioners  at  the  market  value  thereof  at  the  time  of  subscribing. 

III.  That  for  the  organization  and  administration  of  the  Trenholm  Mutual 
Insurance  Company,  hereby  created,  the  said  Company  is  invested  with  all 
the  powers,  privileges  and  immunities,  and  subjected  to  all  the  duties, 
restrictions  and  liabilities,  conferred  and  imposed  on  the  Elmore  Mutual 
Insurance  Company  by  an  Act  entitled  "An  Act  to  incorporate  the  Elmore 
Mutual  Insurance  Company,  to  be  located  in  the  City  of  Charleston,"  ratified 
on  the  twenty-secoud  day  of  December,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  fifty-nine,  and  the  charter  of  the  "  Elmore  Mutual 
Insurance  Company"  is  hereby  made  the  charter  of  "  The  Trenholm  Mutual 
Insurance  Company,"  so  far  as  the  same  is  applicable,  consistent  with  the 
modifications  hereinbefore  provided. 

Books,  power  to      IV.  In  case  the  said  Commissioners  hereinbefore  named,  or  a  majority  of 
Eg  It"8  °Pen  them,  shall  deem  it  advisable  and  proper  to  postpone  opening  the  books  of 


Corporate 
powers. 


OF   SOUTH   CAROLINA.  45 

subscription  for  the  capital  stock  of  the  said  company  on  the  second  Mou-  a. d. I86i. 
day  of  February  next,  they  shall  be  authorized  to  do  so ;  and  in  that 
event,  they  arc  empowered  to  open  them  on  any  day  before  the  first  Mon- 
day in  October  next,  which  they  may  determine  on,  after  giving  two  weeks' 
notice,  in' two  of  the  public  gazettes  of  the  City  of  Charleston,  of  the  time 
and  place. 

V.  That  this  Act  shall  be  deemed  and  taken  to  be  a  public  Act,  and  con- 
tinue in  force  for  the  term  of  twenty-one  years. 

VI.  The  Board  of  Directors  of  the  said  company  are  hereby  empowered  Remaining 
to  call  in   the  remaining  instalments  on  the  shares  of  the  capital  stock,   in 
such  sums,  and  at  such  times,  as  they  may  deem  advisable,  to  be  paid  in  the 
medium  above  provided  for:  Provided,  Two  weeks'  public  notice  be  given 
of  each  call. 

In  the  Scnato  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  I).  PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  House  of  Representatives. 


AN    ACT   TO   CHARTER   A    COTTON    PLANTERS'    LOAN    ASSOCIATION.  No.  4581. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Cotton  Loan 
it  shall  and  may  be  lawful  for  the  citizens  of  this  State  to  form  one  Cotton  mode  of 
Loan  Association  in  each  Congressional  District  in  this  State,  as  now  con- 
stituted by  law,  in  the  following  manner,  that  is  to  say:  Whenever  it  is 
desired  to  form  any  such  association,  public  notice  thereof  shall  be  given, 
by  advertisement,  by  the  Comptroller  General,  at  the  instance  of  at  least 
thirty  planters  pledged  to  subscribe  at  least  one  thousand  bales  of  cotton,  at 
one  Court  Soma  at  least  in  each  Congressional  District,  in  which  the  office 
of  such  association  is  to  be  located,  and  in  some  gazette  in  Charleston  and 
Columbia,  for  the  space  of  two  weeks,  which  notice  shall  specify  the  number 
of  pounds  of  cotton  to  be  subscribed,  not  less  than  two  thousand  nor  more 
than  ten  thousand  bales,  averaging  four  hundred  pounds  each,  and  a  copy 
thereof  be  tiled  in  the  Executive  Office  of  this  State.  At  the  expiration  of 
(lie  time  of  advertisement,  books  lor  subscription  of  eottou   shall  be  opened 


46  STATUTES   AT   LARGE 

a.  D.  1861.  at  such  timc9  and  places,  and  under  the  direction  of  such  Commissioners, 
s"" ~v~"" '  or  a  majority  of  them,  as  shall  he  designated  by  the  Governor.  In  case  of 
under  subscription,  the  Commissioners  shall  report  the  fact  to  the  Governor, 
who  may  authorize  the  reopening  of  the  books,  at  such  further  times  and 
places  as  he  may  appoint.  In  case  of  over  subscription,  they  shall  reduce  the 
same  ratably  among  the  subscribers,  except  that  no  subscription  of  twenty- 
five  hundred  pounds  of  cotton,  or  under,  shall  in  the  first  instance  be  re- 
duced. Iu  all  cases,  a  report  of  their  proceedings  shall  be  transmitted  to  the 
Governor.  As  soon  as  the  requisite  number  of  pounds  of  cotton  shall  be 
subscribed,  such  of  the  Commissioners  as  may  be  designated  shall  appoint  a 
convenient  time  and  place  for  the  meeting  of  the  subscribers,  and  cause 
the  same  to  be  advertised  for  a  reasonable  time.  At  the  time  and  place  so 
appointed,  the  subscribers  may  appear,  in  person  or  by  proxy,  and  the  meet- 
ing having  assembled,  with  the  majority  of  the  amount  subscribed  represent- 
ed, of  which  a  proper  registry  shall  be  made,  the  subscribers  shall  vote  for 
six  Directors,  to  serve  for  one  year,  and  until  a  new  election  shall  be  bad,  in 
which  election  each  subscriber  shall  be  entitled  to  one  vote  for  every  twenty- 
five  hundred  pounds  of  cotton  subscribed  ;  and  the  Directors  so  elected  shall 
proceed  forthwith  to  select  one  of  their  number  as  President,  and  shall 
also  elect  a  Treasurer.  The  President  and  Directors  shall  immediately 
prepare,  under  their  hands  and  seals,  a  statement  of  their  election,  of  the 
number  of  pounds  of  cotton  subscribed,  and  the  corporate  name  which  they 
desire  to  assume  for  the  company,  and  shall  transmit  the  same  to  the  ofiiee 
of  the  Secretary  of  State,  either  in  Charleston  or  Columbia,  for  registry. 
Upon  receipt  of  such  statement,  the  Secretary  of  State  shall  issue  his  cer- 
tificate, under  the  seal  of  the  State,  testifying  that  the  provisions  of  this 
Act  have  therein  been  complied  with ;  and  upon  the  signature  of  the  certifi- 
cate by  the  Governor,  the  company  shall  be  considered  as  formed,  and  an 
Act  of  incorporation  shall  immediately  attach.  Every  association  incor- 
porated by  virtue  of  this  Act  shall  have  perpetual  succession  of  officers 
and  members,  and  be  capable,  in  their  corporate  name,  to  sue  and  be  sued, 
answer  and  be  answered,  plead  and  be  impleaded,  in  all  the  courts  of  this 
State.  They  may  have  a  common  seal,  and  the  same  may  alter  at  pleasure; 
may  elect,  in  such  manner  as  they  shall  determine  to  be  proper,  all  neces- 
sary officers,  whose  election  is  not  herein  otherwise  provided  for,  fix  their 
compensation  and  define  their  duties  and  obligations  j  to  make  by-laws  and 
regulations,  not  inconsistent  with  the  laws  of  this  State,  for  their  own 
government,  and  for  the  due  and  orderly  conducting  of  their  affairs, 
charter,  dura-  II.  That  every  company  formed  under  the  provisions  of  this  Act  shall 
continue  as  a  chartered  company  until  the  first  day  of  January,  one  thou- 
sand eight  hundred  and  sixty -five  :  Provided,  That  no  company  shall  bo 
formed  after  the  removal  of  the  blockade. 


OF   SOUTTI   CAROLINA.  47 

III.  That  every  association  formed  under  this  Act  shall,  before  they  are      A.D.1861. 

entitled   to  any  of  the  privileges  hereinafter  granted,   deposit  in  the  office  Y     "T 

p  .  ,  Pnvil 

of  the   Comptroller  General    such   policies   of  insurance   on   the  cotton  so   lct,onwhai 

tonus  S6CU veil 

subscribed,  as  shall  be  approved  by  the  Comptroller  (iencral,  and  at  the  ex- 
piration  of  such  policies,  if  such  policies  are  not  renewed  within  one  week, 
it  shall  be  tho  duty  of  the  Comptroller  General  forthwith  to  report  that 
fact  to  the  Governor,  who  shall  forthwith  issue  his  proclamation,  declaring 
the  charter  of  such  association  forfeited. 

IV.  That  whenever  any  association  shall   have  Complied    with  all    the  Bills  or  notes, 

■  iations 

foregoing  provisions  of  this  Act,  such  association  shall  have   power  to  issue  may  issue. 

bills  or  notes,  of  any  denomination  not  loss  than  five  dollars,  to  be  sigued  by 
the  President  and  countersigned  by  the  Treasurer,  (which  shall  be  receiv- 
able in  payment  of  tases  and  other  dues  to  the  State) :  Provided,  That  the 
said  notes  shall  not  be  taken  in  payment  of  the  war  tax  of  the  Confederate 
States,  unless  the  President  of  the  Bank  of  the  State  and  the  Treasurer  of 
the  Lower  Division  shall  be  able  to  make  it  a  condition  of  the  loan  to  be 
made  in  relief  ol'said  tax,  that  the  said  notes  will  be  received  in  payment  of 
said  loan  :  Provided,  lunar,  r,  That  the  whole  amount  of  such  bills  and 
notes  shall  in  no  case  exceed  the  amount  of  six  dollars  for  every  hundred 
short,  and  fifteen  dollars  for  every  hundred  pounds  of  long  cotton,  ginned 
and  baled,  so  subscribed  ;  and  shall  be  allowed  to  discount  bills  of  exchange, 
at  a  rate  of  interest  not  exceeding  six  per  centum  per  annum,  and  loan  said 
bills  or  notes,  so  authorized  to  bo  issued,  at  the  same  rate  of  interest ;  and  all 
said  bills  shall  be  redeemable  iu  gold  and  silver,  six  months  after  the 
blockade  of  our  coast  is  removed  ;  and  the  President  and  Directors  of  each 
and  every  association  formed  under  this  Act  shall  be  authorized  and 
empowered  to  sell  the  cotton  subscribed  to  such  association  at  any  time  six 
months  after  said  blockade  is  removed. 

V.  That  the  bills  or  notes  which  may  be  issued  by  the  order  of  any  such  Bills  or  notes, 
association,  signed  by  the  President  and   countersigned  by  the    Treasurer  promiasoryj* 
thereof,  promising  the  payment  of  money  to  any  person  or  persons,  his,  her  nL 

or  their  order,  or  to  the  bearer,  though  not  under  the  seal  of  the  said 
association,  shall  be  binding  and  obligatory  upon  such  association,  in  like 
manner,  and  with  the  like  force  and  effect,  as  upon  any  private  person  or 
persons,  if  issued  by  him  or  them  in  his  or  their  private  capacity,  and  shall 
be  assignable  and  negotiable  in  like  manner  as  if  they  were  so  issued  by 
such  private  person  or  persons. 

VI.  That  dividends  shall  be  made  at  least  twice  in  each  year  by  the  said  Dividonds. 
associations,  of  so  much  of  the  profits  of  said  associations  as  shall  appear  to 

the  lhnviors  advisable;  ami  once  in  every  year  the  Pdrcctors  shall  lay 
before  the  subscribers,  at  a  general  meeting,  for  their  information,  a  full 
statement  of  the  affairs  of  said  association;  and  the  President  and  Trcas- 


48 


STATUTES    AT    LARGE 


A.  D.JBSL 


urer  shall,  on  the  first  of  every  month,  transmit  a  statement,  sworn  to  by  them, 
showing  the  amount  of  cotton  on  hand,  the  amount  of  bills  and  notes  issued 
and  in  circulation,  and  the  amount  of  loans  and  discounts  made  by  such 
association ;  and  in  case  such  report  shall  not  be  made  for  two  consecutive 
months,  as  herein  required,  it  shall  be  the  duty  of  the  Comptroller  General 
to  report  that  fact  to  the  Governor,  who  shall  forthwith  issue  his  proclama- 
tion, declaring  the  charter  of  such  association  forfeited. 

VII.  That  in  case  of  the  failure  of  any  association  formed  under  this  Act, 
each  subscriber  shall  be  liable  and  held  bound,  individually,  for  any  sum 
not  exceeding  twice  the  value  of  the  cotton  subscribed  by  him,  to  be  fixed 
by  the  Court  before  which  such  subscriber  shall  be  sued,  relation  being  had 
to  the  time  of  such  failure. 

VIII.  That   any  real  estate,  bills   and  notes,  moneys,  profits,  or   other 
held  for'siiare-  property  whatever,  which  may,  on  the  dissolution  of  said  association,  be 

owned  or  possessed  by  it,  shall  be  held  by  the  Directors  of  said  association 
for  the  use  and  benefit  of  all  persons  holding  shares  in  said  association,  at 
the  time  of  its  dissolution,  and  their  legal  assigns  and  representatives,  in 
average  and  proportion  to  the  amount  of  said  shares. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  tho  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  tho  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Senate. 
JAMES  SIMONS,   Speaker  llouse  of  Representatives. 


Failure  of  Asso- 
ciation, liability 
in  case  of. 


Assets,  on  dis- 
solution, to  be 


No.  4582.    AN  ACT  to  incorporate  the  Mutual  Fire  Insurance  Company 

of  Columbia. 


I.  Be  it  enacted  by  the  Senate  and   House  of  Representatives,  now  met 
Nome.  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 

the  Commissioners  hereinafter  named,  with  such  other  persons  as  are  now, 
or  may  hereafter  become,  members  in  the  manner  hereafter  named,  and  their 
successors,  shall  be  a  body  corporate  and  politic,  under  and  by  the  name, 
style  and  title  of  the  Mutual  Fire  Insurance  Company  of  Columbia. 
Capital  stock.  II.  The  capital  stock  of  said  company  shall  be  one  hundred  and  fifty 
thousand  dollars,  to  be  divided  into  six  thousand  shares  of  twenty-five 
dollars,  with  the  right  to  increase  the  same  to  five  hundred  thousand  dollars, 


OF    SOUTH    CAROLINA.  40 

in  script  capital,  in  the  manner  and  under  the  terms  hereinafter  prescribed.      A. D.  1881. 
The  following  persons  are  appointed,  to  wit:     Andrew  Wallace.  Edwin  J.  v       ' 

T  Commissioners. 

Scott,  Andrew  Crawford,  John  11.  Pearson,  Jacob  Lyons,  R.  L.  Bryan,  and 
R.  D.  Senn.  Commissioners,  or  a  majority  of  them,  shall  opi  tobe 

books  at  Columbia,  on  the  first  Monday  of  February  next,  and  receive  sub- 
scriptions to  the  said  stock :  Provided,  The  Baid  Commissioners  shall  have 
given  at  least  ten  days'  notice,  by  advertisement  in  two  dailj  gazettes  in  the 
i'ity  of  Columbia,  of  the  time  and  place  ol  receiving  i  ho  subscriptions,  and 
shall  require  payment  of  five  dollars — payment  thereof,  and  of  all  subsequent 
instalments,  to  be  m  ide  in  Bpecie,  or  in  bills  of  the  banks  of  this  State,  or 
in  stocks  or  bonds  of  the  Confederate  States,  of  the  State  of  South  Carolina, 

of  the  City  of  Columbia,  or  in  Confederate  Treasurj  Notes,  or  other  good 
and  valid  securities  within  the  Confederate  States — the  stocks,  bonds  and 

unties  so  taken   to  be  estimated  by   the  Commissioners  at  the  market 
value   thereof  at   the   time  of  subscribing,  on  each  -hare  to  be  made  at  the 
of  recefr  ing  the  subscription. 

III.  The  subscribers  paying  their  subscription  money,  respectively,  shall  company,! 

,.  ,  ,    .  -ii  i-  •  i    i     ■       '     i  •         Beriberi 

form  the  company,  upon  complying  with,  the  conditions,  and  being  subject  the. 
to  tli.   |  set  forth. 

IV.  11  at  the  opening  of  the  said  books  more  than  sis  thousand  sham    b  m- 
Bubscribed,  the   I  ommissioners  shall   distribute  the  sis  thousand  Bhares  of  of  excess  of. 
which  the  said  capital  stock  is  to  consist,  among  the  subscribers,  as  nearly  as 

may  he  in  proportion  to  the  number  of  shares  subscribed  by  them,  respect- 
ively, but  subscriptions  of  ten  shares  or  less  shall  not  be  reduced,  unless 
the  whole  number  of  shares  subscribed  cannot  be  "i  In  rwise  reduced. 

V.  In  Case  the  number  of  shares  ed  shall  be   less   than   six    thou-  Shares, fnrthei 

.     .                     ,.            ...                      .                                          subscriptions  if 
.   the   Commissioners  shall   receive    further  subscriptions,   to  make  up  lessthanS, 

thai  number,  at  any  lime  within  one  year  from  the  dale  of  opening  the  books. 

VI.  That  I  Company  shall  have  succession  of  oilieers  and  mem- 
bers, under  its  corporate  name,  ami  all  the  powers,  pn\  ilee.es  and  franchises, 
incident  to  corporations,  -and  shall  be  capable  of  taking,  holding  and  dis- 

ng  of  their  capital  stock,  according  to  such  rules  and  regulations  as  they 
shall,  from  time  to  time,  establish,  ami  also  of  tal  ing,  holding,  disposing  of 
or  investing  the  increase,  profit  or  emolument  of  the  said  capital  stock  ;  and 

shall  have  full  power  and  authority  to  have  ami  use  a  common  seal,  ami  the 
same  to  .-liter  v.  at  their  pleasure,   ami  by  the  name  and  title  afore- 

tioned  shall  be  able,  at  law  ami  in  equity,  to  sue  ami  he  sued,  implead 
and  be  impleaded,  answer  and  be  answered  unto,  in  all  manner  of  suits, 
pleas,  demurrers,  demands,  and  judicial  proceedings.  Ami  thej  are  autho- 
rised and  empowered  to  appoint  a  President,  and  Directors  and  Trustees, 
establish  agem  ither  necessary  officers,  atsuch  periods,  and  with  such 

duties,   as    the   said   company   may   see  tit,  and  alsi    make  rules  and  by-laws 
7 


50  STATUTES   AT   LAEGE 

a.  d.  uo.     f. >r  the  good  government  and  management  of  the  affairs  of  the  corporation  : 
v~— "f~~~ '     Provided,  The  said  rules  and  by-laws  shall  not  be  repugnant  to  the  Consti- 
tution  and  laws  of  this  State  and  of  the  <  ionfi 
estate,  ■'.  The  said  corporation  6hall  have  the  right  and   power  to  acquire, 

purchi  and  hold,  in   its  corporate  name,  lands  and  real  estate,  and 

the  same  to  grant,  sell,  assign,  exchange  and  convey,  in  fee  shnple  or  other- 
wise: Provided,  The  clear  yearly  income  of  then  so  to  he  held 
shall  not,  al  any  time,  exceed  the  sum  often  thousand  dollars.  • 

General  VTTI.   The  said  corporation,  in   their  name,  and  by  the  signature  of  the 

President  for  the  time  being,  or  by  the  signature  of  such  other  person,  and 
in  such  form,  and  with  such  ceremonie  .  as  they  in  their  rules  and  by-laws 
direct,  to  make  contracts  and  underwrite  policies  of  insurance  and  Indem- 
nity against  loss  by  fire,  in  the-  same  manner  as  is  now  granted  to  the  "  Fire- 
men's Insurance  Company  of  Charleston,"  with  the  same  rights,  privileges 
and  obligations,  and  subject  to  the  same  liabilities,  as  have  been  granted  to 
the  saiil  "  Firemen's  Insurance  Company  of  Charleston,"  except  as  to  the 
power  to  take  marine  risks. 

Dividend,  re-        IX.  In   case  of  losses   whereby  less  than  one-third  of  the  original  cash 

strictions  on,  in         ....  _.   .,       _      ,    n,      _     .  ■  »,,/*■  •*"  i 

os  eoflosl         capital  is  lost,  no  dividends  shall  be  declared    until  the  deficiency  is  made  up 

hy  the  stockholders,  or  by  accumulated  profits,  ami  if  said  original  capital  is 
reduced  to  less  than  two-thirds,  if  the  said  deficiency  is  nut  made  up  within 
six  months,  the  company  to  be  wound  up  ami  cease  to  do  business.  If  not 
so  wound  up,  and  the  company  proceed  to  do  business,  the  President  and 
Directors,  jointly  and  severally,  shall  be  liable  to  make  good  all  engage- 
ments entered  into  after  the  last-mentioned  reduction  of  capital:  Proviaed, 
That  the  President  or  any  Directors  who  shall  enter  his  or  their  protest  in 
the  minutes  of  the  Board,  and  publish  their  protest  in  th  es  of 

the  City  of  Columbia,  or  who  shall  be  absent  from  Columbia  i  six 

months  when  the  deficiency  ought  to  bo  made  up,  shall  no!  lie  SO  liable. 

Power  over  X.  The  said  corporation  shall  be  invested  with  full  power  to  enforce  upon 

their  members  the  due  observance  of  all  rules  and  by-laws  for  the  good 
government  and  management  of  the  affairs  of  the  company,  Under  such 
penalties  as  in  and  by  the  said  rules  and  by-laws  shall  be  limited  and 
appointed;  and  to  this  end,  if  need  be,  shall  and  may  institute  and  maintain, 
in  their  corporate  name,  against  any  one  or  more  of  their  memb  ITS,  all  neces- 
sary suits,  actions  or  pleas,  cither  at  law  or  in  equity,  for  the  recovery  of 
any  sum  or  sums  of  money,  to  the  use  of  the  said  corporation,  in  as  ample  a 
manner  as  such  suits,  actions  or  pleas  may  or  might  be  maintained  against 
persons  who  are  not  members  of  the  corporation. 

Votes  pmpor-        XI.  In  all  elections,  and  other   corporate  acts  done  by  the  stockholders 

turned  to  stock. 

of  said  company,  every  stockholder,  being  the  owner  of  more  than  five 
shares,  shall  have   one   vote   for  every  five  shares,   between   five  and  fifty 


OP  SOUTH   CAROLINA.  51 

shares,  and  an  additional  vote  for  every  ten  shares  over  fifty  shares;  but  no      a. d. isoi. 
stockholder  shall  be  entitled  to  more  than  fifty  votes.  "^       ' 

XII.  One  moiety  of  the  capital  of  the   company  shall  be  paid  in,  an  I  (Then 

.   „  •  i     ,  i      ,-,        *       n       , ,  i    i     ,.        company  may 

satisfactory    prooi   thereol   be  tarnished  to  the  '■  omptroiler  U-eneral,  before  commence. 

lid  company  shall  be  authorized  to  commence  business  and  the  resi- 
due of  said  capital  to  be  paid  in  at  such  timeB,  and  in  such  manner,  as  the 
company  may  appoint:  Provided,  Tbe  whole  shall  be  paid  within  one  year 
after  they  comrj  business. 

XIII.  The   books  of  the  oompanj  shall  he  examined,  from  time  to  time 

by  such  person  or  persons  as  the  Legislature  may,  from  time  to  time,  appoint  authority 
for  that  purpose,  and  persons  bo  appointed   shall  have  full  power  to  compel  L' 
the:'  e  of  witnesses  and  the  production  of  books  and  papers,  and  in- 

quire into  the  management  of  the  company.  In  case  of  abuse  or  violation  of 
their  charter,  they  may  be  proceeded  against  by  scire  facias,  in  the  Court 
of  Common  Pleas  and  General  Sessions,  and  upon  conviction,  shall  be  liable 
to  have  their  charter  annulled  by  the  judgment  of  the  Court. 

XIV.  At  least  one-half  of  the  capital  of  said  company  shall  be  perma- 1  m.  sr,  propoi 
nently  invested  in  stocks  of  this  State,  of  the  oity  of  Columbia,  or  of  the  invested. 
Confederate  States,  or  in  good  stocks  of  incorporated  companies  within  the 

State,  or  in  bonds,  set  or<  d  by  mortgage  of  real  estate  within  this  St:.te  ;  and 
the  company  may  transfer  and  sell  such  stocks,  or  any  part  thereof,  or 
dispose  oi'  or  collect  the  said  bonds,  for  the  purpose  of  reinvestment,  when- 
ever a  due  regard  for  the  safety  of  its  funds  may  require:  Provided,  how- 
ever, That  the  said  company  shall  not  deal  or  trade  in  buying  and  selling 
any  goods,  wares,  merchandise  or  stocks  whatever. 

XV.  All  the  profits  arising  from  the  premiums  received,  and  from  tbe  PiofUa,  propoi 

.    .  .,  ,.  ^p-ii-i     ''"n '"  '"■ 

income  and   interest  ot   the  company  s  investments,  (alter  deducting  the  inv 

amounts  hereinafter    lireeted    to  be  paid,)  shall  be  invested  in  the  same 

manner,  at  i  to  tbe  same  restrictions,  as  directed  and  limited  in  the 

investment  of  tbe  cash  capital,  until   tbe  accumulations  shall   amount  to  live 

hundred  thousand  dollars,  represented  by  script,  as  hereinafter  provided  to 

led. 

XVI.  The  officers  of  said  company  shall,  within  one  month  of  the  expira-  Profits,  annual 

„        ,    -       ,  .  ,  ...        „  estimates  of,  to 

tion  ol  each  use  ause  an  estimate  to  be  made,  as  near  as  possible,  oi  bemade. 

tbe  profits  ol' said  company  during  the  preceding  year,  in  which  estimate 
the  losses  and  expenses  of  the  company  for  the  year  shall  be  deducted  from 
the  earnings  of  the  company,  and  the  income  of  its  capital  and  invested 
accumulation  during  the  same;  the  balance  shall  be  deemed  profits  for  such 
year.  This  estimate  shall  be  binding  and  conclusive  upon  all  persons,  as 
well  stockholders  as  those  entitled  to  receive  certificates  of  profits,  as  herein- 
after mentioned.  After  applying,  from  these  profits,  sufficient  to  cover  tbe 
payment,  of  seven  per  cent,  interest  to  the  stockholders,   and  tbe  stipulated 


52  STA'lT'i'liS    AT    LARGE 

A.D.isr.i.      iutcrest  on  all  ontetanding- script  of  the  company,  twenty-five  per  cent,  of 

^— — v— ^    the  residue  of  tin.-  pr  be  paid  in  cash  to  the     tookholders,  as  a 

dividend  upon  their  stock,  and  the  remainder  thereof,   to  wil  :  seventy-five 

per  cent,,  shall  be  ap]  the  customers  of  the  company  for  aaid 

year,  and  the  script  bo  .11  bi  or,  as  provided  in  the  next  section, 

Credits  XVH.  There  shall,  aunualh  time  of  the  ascertainment  of  profits, 

payei    ol  pre-  . 

aforesaid,  n    the  hoiks  of  said   company  to  each  person  or 

cases  to  be 
made, with        firm    who  ^-hall  have  paid  any  premiums  U  apany,  on  lisks  terminate 

script  evidence. 

ing  without  loss  or  any  claim  against  said  company,  which  .-hall  have  been 
earned   (lining  the   preceding  year,   Buoh   portion  of  Baid   si  )ier 

cent,  of  profits  ascertained,  as  aforesaid,  as  the  amount  of  snob,  earned 
premiums  (and  not  returned)  by  such  person  or  firm,  shall  be  of  the  whole 
amount  of  premiums  earned  bj  the  company — (less  return  premiums) — on 
risks  terminating  without  loss  or  claim,  as  aforesaid  ;  and  thereupou  the  said 
company  shall    issue  to   such  person  or   firm  ively,    certificates, 

declaring  him  or  them,  or  his  or  their  assigns,  to  be  entitled  to  his  or  their 
portion  of  the  invested  funds  of  said  company,  equal  to  the  amount  so 
credited  to  him  or  them  on  the  books  of  the  company,  and  also  to  the 
receipt,  annually,  out  of  the  interests  or  income  derived  by  said  company 
from  the  investments  of  said  profits,  of  an  interest  not  exceeding  six  per 
cent.;  and  said  certificate  shall  also  contain  a  proviso  that  the  amount  named 
therein  is  liable  for  any  future  losses  of  said  company,  as  provided  in  this 
charter;  but  no  person  or  firm  shall  be  credited,  or  receive  a  certificate  for 
a  share  of  profits  not  less  than  five  dollars,  nor  for  any  fractional  excess  over 
even  fives  of  dollars;  and  all  such  fractional  excesses  over  even  fives  of 
dollars,  shall  be  carried  to  the  contingent  fund  of  said  company,  and 
applied  on  account  of  charges  and  expenses. 
Script  fund  XVIII.  The   fund  represented  by    the  script,  issued    shall  constitute  a 

surplus  or  reserve  of  said  company  for  the  security  and  payment  of  losses, 
and  be  liable  for  any  excess  of  losses  and  expenses  above  the  earned 
premiums  of  any  year,  each  later  annual  issue  ol' script  always  to  be  first 
reduced,  or  wholly  cancelled,  before  any  previous  annual  issue  is  at  all 
reduced,  and  all  the  issues  of  script  be  liable  to  reduction  and  cancellation 
before  the  capital  stock  shall  be  encroached  upon. 

XIX.  This  Act  shall  be  deemed  a  public  Act,   and  the  charter  hereby 
granted  shall  continue  and  be  of  force  for  twenty-one  years,  and  uo  longer, 

In  tlio  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one.  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
i   ill  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  Howie  of  Representatives. 


OF    SOUTH    CAROLINA.  58 

AN  ACT  to  grant  Exemption  to  certain  Free  Persons  of  Color     *.b.i 

WHO     .SHALL     RETURN    TO    Tills    STATE,     FROM    l'l.\  SOW    PRO-      '         «         ' 

VTDED  iiv   Law.  No-  *o83. 

I.  7>  //  enacted  by  the  Si  lai    i  nd  House  of  Representatives,  now  mot 
and  sitting  in  General  Assembly,  and  by  the  authority  of  th  That  all  Free  negroes, 

and  every  free  colored  person  and  persons,  residents  of  this  State,  wh 
during  the  present  war,  has  or  have  left,  or  ma}  leave;  this  Si  tte,  in  any 
o    or  employment  of  o  military  character,  or  in  the  employment  of 
any  person  connected  with  the  m  rvice  of  this  State  or  the  Con- 

maj  be  at  liberty  to  return  to  this  State,  and  remain  within 
the  same,  free  from  the  penalties  am  provid  sd  by  law  against  the  return  of 
free  persons  of  color  who  have  lefl  tj 

In  the  Senate  House,  the  twenty  fl  tda  >1  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  i  j  one,  and  in  thi  eighty- 
sixth  year  of  tl 1   indepei   lenci    ■     tl      !    at    of  South 

Carolina, 

WILLIAM  D.  PORTER,  President  o  Jenate. 

JAMES  SIMONS,  Speaker  House  of Representatives. 


AN   ACT   TO   INCORPORATE   THE   CAROLINA    [NStJRANCE  COMPANY.  No. 

I.  Be  it  enactedbj  the  Senate  ami  House  of  Representatives,  now  met  and 
itting  in  General  Assembly,  and  by  the  authority  vl'  the  same,  That  the  jier-  Name, 

sons  who  shall  become  stockholders,  in  the  manner  hereinafter  prescribed, 

shall  thereupon  become,  and  they  ami  their  su< ssors  and  assigns  shall  be, 

one  body   politic    and  corporate,   under  the   name,  style   and  title  of  the 
Carolina  Insurance  Company. 

II.  The  capital  stock  of  the  said  company  shall  be  two  hundred  thousand  rental  stock. 
dollars,  which  shall  be  divided  into  eight  thousand  shares  of  twenty-five 

dollars  each,   and  shall  he  raised  in  tile  following    manner:      The    following  Commissioners 
persons  shall  he,  and  thej  are  hereby,  appointed  Commissioners  to  receive  ""'"' 
subscriptions,  on  the  several   plans  hereafter  named:   Augustus  L.  Tobias, 
Henry  Cobia,  and  George  A.  Walter,  and  said  Commissioners,  or  a  majority 
of.  them,  shall,  at  Charleston,  on  the  thirtieth   day  of  December,  instant, 
from  nine  o'clock  of  th(  in    until   five   o'clock  of  the   afternoon,    at 

Hi  h    place    in   Charleston   as   they  shall   appoint,    receive  subscriptions    to 


54 


ST  A 


iny,  of 
trhoni  formed. 


.  distri* 
button  of 

excess  of. 


Further  snb- 

Bl  I  '  n  .  :  i  aa    it" 

li  as  than  8,000. 


om  all  pel  •  -cribe 

no    time   of  subscribing,    rived        •    ar  share — 
I  ':-        made  in  specie,  or  in  the  bills  of  the  banks  of  this  £ 

or  in  stuck- 1. r  1 IsoftheConi  :  oi         Jtate'of  South 

or  of  tlio  City  of  Charleston,  or  in  Confederate  Treasury  Motes,  or  in 

good   and  n be  stoola  and 

'ii.l  securities  bo  taken  era   at  the 

market  vab  ibing:  /'< ided,  that  the  said  Com- 

missioners shall  givi     '  'ice   days'   notice,  1  ant   in   two 

.  i /.i  ..'  iod  in  the  City  of  Charleston.,  of  the  time  and  placi  ni'  ■ 

ing  such  subscriptions. 

III.  And  such  said  Bubscribei     ,  tying  their  subscription  money, res] 
ively,  shall  form  the  company  above  mentioned,  upon  complying  with  the 
conditions,  and  being  subject  to  the  clauses,  hereinafter 

IV.  If  more  than  eight  thousand  shares  shall  be  subs  lis 

sioners  shall  distribute  the  eight  thousand  shares  of  which  the  capital  s. 

the  said  company  is  to  consist,  among  the  subscribers,  as  nearly  as  may  be  in 
proportion    to    the    number    of  shares    subscribed  by   them,   respectively  i 
Provided,  always,  That  subscriptions  of  five  shares  or   less  shall  not  be  re- 
duced, unless  the  whole  Dumber  of  shares  subscribed  cannot  be  other 
reduced  to  eight  thousand. 

V.  Tu  case  the  number  of  shares  subscribed  ou  the  day  hereinbefore 
appointed  for  receiving  subscriptions  shall  be  less  than  eight  thousand,  the 
Commissioners  shall  receive  further  subscriptions,  not  e  such  num- 
ber of  shares  as,  with  those  already  subscribed,  shall  make  up  the  number  of 
eight  thousand  shares,  at  any  time  during  one  year  next  following  the  Baid 
thirtieth  day  of  December,  instant. 

VI.  The  said  company,  under  its  name,  shall  have  succession  of  officers 
and  members,  and  all  the  powers,  privileges  and  franchises  incident  to  a 
corporation;  and  shall  be  capable  of  taking,  holding  and  disposing  of  their 
capital  stock,  according  to  such  rules,  regulations  and  institutions  as  they 
may,  from  time  to  time,  establish;  and  also  of  taking,  holding  and  disposing 
of,  or  investing,  as  the  said  corporation  shall,  from  time  to  time,  judge  lit, 
the  increase,  profit  or  emolument  of  their  said  capital  stock,  to  their  own 
use;  and  shall  have  full  power  and  authority  to  make,  have  and  use  a  com- 
mon seal,  and  with  such  devise  and  inscription  as  they  shall  deem  proper, 
and  the  same  to  break,  alter  and  renew  at  their  pie  id  by  the  name, 
style  and  title  aforesaid,  shall  be  able  and  capable,  al  law  and  in  equity,  to 
sue  and  be  sued,  implead  and  be  impleaded,  answer  and  be  answered  unto, 
in  all  or  any  of  the  courts  or  tribunals  of  this  Slate,  in  all  manner  of  suits, 
pleas  and  demands  whatsoever;  and  they  are  hi  rebj  tuthorizedand  empow- 
ered to  appoint  a   President  and  other  officers    and  six    Directors,  at  such 


OF   SOUTH   CAROLINA. 

• 
periods,  and  with  such  dutii  Bhall  sec  lit;  and  also  to  make  rait 

by-laws  and  ordinances,  and  do  everything  needful   for  the  good  govern-    s—— "v 

menl  port  of  the  aiiairs  of  the  said  corporation :    Provi 

Thatthe  said   rules,   by-laws  and  ordinances  shall  not  be  i  ant  to  the 

i  titution  and  laws  of  the  Confederate  '  of  this  Si 

V I I .  The  said   o  rporation   shall    h  right  and  power  to  purchase,  Real  estate, 
acquire,   take  and   hold,  in   the  said  corporate  name,  lands  ana  real  estate 

and  the  same  to  demise,  tnd  convey,  in  fee  simple  or  oth- 
erwise:   Provided,  the  clear  yearly  income  of  (lie  real  esl   I i  be  lield 

shall  nut.  at  any  tie  id  ten  thousand  d  'V'  us. 

VIII.  Th  irporation  shall  have  a  right,  and  by  their  said  names,  General 

nature  el' their   President   for  the  time  being,  or  by  the  sij 
nature  of  such  other  person  or  person.-,  and  with     icl  monies  of  authen- 

ticity, as  they  shall  from  time  to  time,  in  ami  by  their  rales  and  by-laws 
ordain  and  appoint,  to  make  contracts,  and  underwrite  policies  of  assurance 
ami  indemnity  upon  marine  risks,  whether  el'  vessels,  o  md  mer- 

chandise, in  W h  ole  or  in  part  foreign  i  tic.  whether  lying  in  foreign 

ports,  or  shipped  upon  the  high  seas,  or  in  anj  ports  of  the  Confederate 
Stales,  ot  within  any  of  the  bays,  creek  ,  canals,  oi  waters  of  this 

Statp,  lying,  or  being,  or  laden;  and  also,  in  like  manner,  to  make  contracts, 
and  underwrite  policies  of  insurance  and  indemnity  against  fire,  on  all  build- 
.  goods,  wares  ami  merchandise,  and  other  property  liable  to  destruction 
•■I-  aeeul.  i  i   by  or   from   iire.   or  i!#  effect  thereof,  situate,  lying,  being  or 
i  in  this  Slate,  or  e  :  to  lend  or  advance  money  upon  bot- 

tomry or  respondentia;  to  make  insurance  on  lives,  to  grant  ami  purchase 
annuities,  to  lend  money  en  flic  security  oi'  real  an  operty,  bonds, 

bills  or  promissory  notes,  to  mat  otl  i  lontract  involving 

the  duration  of  life,  ami  generally  t(i  transact  ami  perform  ail  the  business 
relating  to  ti  aid,  according  to  the  usage  and  custom  of  mer- 

chants; and  by  such  eontr.  bo  bind  and  pledge  their  said  capital 

-hall  not  he  lawful  lor  the  said  company  to  lend 

money   on  I  he     i  ty  of  their  own  stock. 

IN.  No  dividend  shall  be  deolared  exi  eeding  twelve  per  c\'ni.  per  annum  Dividends, re- 

.,,,.,  ,  .  ■"Hi  on. 

u]  on  the  capital  ot  the  said  company,  and  an\  excess  ol  profits  made  at  anj 
or  from  any  Bource,  above  such  per  centage,  shall  be  carried  to  a  sur- 
plus fund  to  meet  losses  and  equalize  dividends.     II'  the  profits  at  any  time 
fall  below  the  amount,  then,  and  in  that  case,  the  dividends  maj  be  increased 

to    that  ami  plus   fund:  Provided,  The    capital   he    not 

thereby  reduced, 

X.  [n  case  of  any  loss  whereby  the  capital  stock  of  the  said  company  loss  of  capital; 

Shall  Bed  during  the  continuance   of  the   charter,   no  dividend  shall  oaso  of. 

ifter   he    made   until    the   deficiency  shall   either   he    made  up  by  the 


56 


-     AT     LARGE 


a.  D.  ton. 


■  third  of 
qaenoea  in 


Several 
liability 


Power  over 
members. 


Votes  propor- 
tioned to 

shares. 


Business,  when 
to  begin. 


i  bj  ii  la- 
buri   reserves 
power  to 

examine. 


stockholders,  or  by  the  company,  or  until  a  sum  arising  from  the  profits  of 
lis  business,  equal  to  Buch  dimnnition,  shall  have  been  added  to  the  capital. 
XT.  If  the  capital  mpany  shall  become  reduced  by  losses  below 

two-thirds  thereof,  the  defi  ball  be  made  up  by  the  stockholders  in 

six  months  alter  such  redaction  shall  occur,  and,  iu  detank  thereof,  the 
affairs  of  the  corporation  shall  be  wound  up,  aud  they  shall  cease  to  do 
business. 

XII.  Tf  the  affairs  of  the  corporation  are  not  wound  up,  as  directed  in 
the  pi  m,  and  they  should  proceed  to  do  business,  then  the 
President  and  Directors  shall  be  jointly  and  severally  liable  to  make 

all  engagements  of  the  company  incurred  after  the  reduction  of  the  capital 
id:  Provided,  That  nothing  in  this  section  shall  I  atrued 

as  to  extend  to  any  President  and  Director  who  shall  dissent  to  the  pro- 
ceedings of  the  company  in  these  particulars,  and  who  shall  enter  his  pro- 
test on  the  minutes  of  the  Board,  and  publish  the  same  in  the  daily  gazettes 
of  the  City  of  Charleston,  or  who  shall  be  absent  from  the  State  dtuiug  the 
six  months  in  which  the  deficiency  of  capital  should  have  been  made  up. 

XIII.  The  said  corporation  shall  be,  aud  they  are  hereby,  invested  with 
full  power  to  enforce  upon  their  members  the  due  observance  of  all  laws, 
rules  and  regulations,  fur  their  better  government,  under  such  penalties  as 
they  shall,  in  and  by  Buoh  by-laws,  limit  and  prescribe;  and  to  this  end,  if 
need  be,  shall  and  may  institute  and  maintain,  in  their  said  corporate  name, 
against  any  one  or  more  of  their  members,  cither  at  law  or  in  cquky,  all 
just  and  necessary  suits,  actions  and  pleas,  for  the  recovery  of  any  stun 
or  sums  of  money,  to  the  use  of  the  said  corporation,  in  as  ample  a  manner 
as  such  suits  might  be  maintained  against  persons  not  members  of  the  said 
corporation,  any  law,  usage  or  custom  to  the  contrary  thereof,  in  any  wise 
notwithstanding. 

XIV.  In  all  elections  and  other  corporate  acts  done  by  the  stockholders 
of  the  said  company,  every  stockholder  shall  be  entitled  to  one  vote  for 
each  share  owned  by  him  or  her,  or  standing  in  his  or  her  name:  Provided, 
That  no  stockholder  shall  be  entitled  to  more  than  forty  votes. 

XV.  One-fourth  of  the  capital  of  the  said  company  shall  be  paid  in,  and 
satisfactory  proof  thereof  furnished  to  the  Comptroller  General,  before  the 
said  company  shall  be  authorized  to  commence  business. 

XVI.  The  books  of  the  said  company  shall  be  examined,  from  time  to 
time,  by  such  person  or  persons  as  the  Legislature  may,  for  that  purpose, 
appoint;  and  the  person  SO  appointed  shall  have  full  power  to  examine 
upon  oath,  to  compel  the  attendance  of  witnesses  and  the  production  of 
papers,  and  inquire  into  the  management  of  the  company  ;  and  in  cases  of 
mismanagement,  or  violation  of  their  charter,  the  said  company  may  be 
proceeded    against    by    scire  facias,  in   the   Court  of  Common   Pleas  and 


OF    SOUTH    CAROLINA.  57 

General  Sessions  for  Charleston   District,  and,  upon  conviction,  shall  be  a.  D.i86i. 

liable  to  have  their  charter  annulled  by  the  judgment  of  the  Court.  v— n       ' 

XVII.  This  Act  shall  continue  ami  be  in  full  force  for  twenty-one  years. 
and  no  longer. 

XVIII.  At  least  one-half  of  the   capital  of  the   said   company   shall    be  Capital,  propor- 
perraanently    invested   in    stock  or   bonds  of  this   State,  or  the   City  of  inn 
Charleston,  or  of  the  Confederate  States,   or  in  any  other  good  stocks  or 

bonds  of  incorporated  companies  within  this  State,  and  the  company  may 
transfer  and  sell  said  stocks,  or  anj  part  thereof,  for  the  purpose  of  rein- 
vestment, -whenever  a  due  regard  to  the  Bafety  of  its  funds  may  require  : 
Prox  id  ',  '<  tat  the  company  shall  not  deal  or  trade  in  buying  aud 

selling  any  goods,  wares,  merchandise  or  commodities  whatever. 

XIX.  The  Board  of  Directors  of  the  said  oompany  are  empowered  to  call  Instalments, 
in  the  instalments  on  the  shares  of  the  capital  stock,  in  such  sums,  and  at 

such  times,  as  they  may  deem  advisable:  Provided,  Two  weeks'  notice  be 
given  of  such  call.  And  the  said  instalments  shall  be  payable  in  the  same 
medium  as  hereinbefore  provided  as  to  the  first  instalment  of  five  dollars. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one.  and  in  the  eighty- 
sixth  year  of  1  and  independence  of  the  Statu  of  South 
Carolina. 

WILLIAM   D.  PORTER,  President  of  the  Senat  . 
0  JAMES  SIMONS,  Speaker  House  of  Representatives. 


AN     ACT     TO     AMEND     AN    A.OT     ENTITLED    "  An     Act   TO    ATD     IN    THE     No.  4585. 
CONSTRUCTION    OF   THE    GEORGETOWN    RAILROAD." 

I.  Be  it  enacted  \)J  the  Senate   and  House   of  Representatives,   now  met 
and  sitting  in    General  Assembly,  and  by   the  authority  of  the  same,  That  Endorsement 

i       o  t>  ■  i  •  -i  •  ■  of  bonds,  condi- 

the  first  section  ot  an  Act  entitled  "  An  Act  to  aid  in  the  construction  of  tion  of. 
the  Georgetown  Railroad,"  ratified  the  twenty  eighth  day  of  January,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  SIZty-one,  be,  and  the 
same  is  hereby,  altered  and  amended,  so  as  to  read  as  follows:  -'That 
whenever  the  Geor  etown  Railroad  Company  shall  have  procured  bona  fide 
subscriptions  for  the  capital  stock  in  said  company,  to  an  amount  suffi- 
cient to  grade,  bridge  and  prepare  for  the  iron  rails,  twenty  miles  of  said 
road,  and  it  shall  be  shown  by  said  company  to  the  Governor  of  the  State 
8 


58  STATUTES    AT    LARGE 

a.  D.  1861.      that  said  subscriptions  are  good  and  sol\  cut     and   whenever  said   company 
*■ — i~~"    shall  li  I.  bridged,  and  shall  have  ready  to  put  down  the 

timbers  for  the  reoeption  of  rails,  and   fully  prepared  a   section  of  twenty 

miles  of  said   road,  in  B   g I   and  substantial  manner,  with  good  materials, 

for  putting  "ii  the  iron  rails  and  equipments,  and  the  Governor  shall  be 

notified  of  these  foots,  and  thai  said  Eeotion,  or  any  part  thereof,  is  not  sub- 
ject to  any  lien  whatever,  other  than  that  created  in  favor  of  the  State  by 
this  Act,  by  the  written  affidavits  of  the  President  and  Chief  Engineer  of 
said  company,  thi  n  the  Governor  shall  oause  to  be  endorsed  by  the  Comp- 
troller General,  upon  the  bonds  of  the  said  company,  to  an  amount  not  ex- 
ceeding live  thousand  dollars  per  mile  of  said  section,  the  guarantee  of  the 
State  of  South  Carolina,  pledging  therefor  the  laith  and  funds  of  the  State, 
which  bonds  shall  be  payable  at  such  place  in  the  Confederate  States  as  the 
President  of  the  company  may  designate,  bearing  an  interest  of  six  per 
centum  per  annum,  payable  semi-annually,  and  not  having  more  than  twenty 
years  to  mature. 

II.  That  the  fourth  section  of  the  said  Act  be  altered  and  amended,  so 
as  to  read  as  follows  :  That  when  the  said  company  shall  have  prepared,  as 
aforesaid,  a  second  section,  or  any  additional  number  of  sections,  of  twenty 
miles  each,  of  said  road,  connecting  with  the  section  already  completed,  for 
the  iron  rails,  chairs,  spikes  and  equipments,  as  provided  in  the  first  section 
of  this  Art,  and  the  Governor  shall  be  notified  of  the  facts,  as  before  pro- 
vided, he  shall,  in  like  manner,  cause  to  be  endorsed  for  said  company  l^ke 
bonds  of  the  said  company,  to  an  amount  not  exceeding  five  thousand  dol- 
lars per  mile,  for  each  and  every  section  of  twenty  miles  of  said  road  so 
prepared  as  aforesaid,  but  upon  the  terms  and  conditions  hereinbefore  pro- 
vided; and  upon  the  endorsing  of  said  bonds,  the  State  of  South  Carolina 
shall  be  invested  with  a  like  mortgage  or  lien,  without  a  deed  from  said 
company,  upon  said  first  and  additional  section  or  sections  of  said  road  so 
prepared,  upon  the  rails  and  equipments,  put  or  to  be  put.  upon  the  same. 
for  the  payment  of  said  bonds,  and  the  accruing  interest  thereon  :  Pr<>ri,l,,!, 
That  if  the  last  section  of  said  road  shall  be  less  than  twenty  miles,  bonds 
of  the  said  company  shall  be  endorsed  as  aforesaid,  for  such  section,  for  an 
amount  in  proportion  to  the  distance,  as  provided  in  this  Act  ;  but  upon  the 
same  terms  and  considerations,  in  all  respects,  as  required  in  regard  to  the 
bonds  to  be  issued  for  the  other  sections  of  said  mad.  And  when  the 
whole  of  said  road  shall  be  completed,  the  Stale  of  South  Carolina  shall  be 
invested  with  a  lien,  without  a  deed  from  the  company,  upon  the  entire  road, 
including  the  sti.ck,  right,  of  way,  grading,  bridges,  masonry,  iron  rails, 
spikes,  chairs,  and  the  whole  superstructure  and  equipments,  and  all  the 
property  owned  by  the  company,  as  incident  to  or  necessary  for  its  business, 
lor  the  payment  of  all  said  bonds  endorsed  as  aforesaid,  as  provided  in  this 


OF    SOUTH   CAROLINA.  69 

Act,  and  for  the  interest  accruing  on  said  bonds.  And  after  the  Governor  A.D.i8ei. 
shall  have  caused  bonds  iii  In'  endorsed,  as  provided  in  the  first  section  of 
this  Act,  for  the  first  section  of  the  road,  it  shall  not  be  lawful  lor  said 
company  to  give,  create,  or  convey,  to  any  person  or  persons,  or  body  cor- 
porate whatever,  any  lien,  incumbrance  or  mortgage  of  any  kind,  which 
shall  have  priority  over,  or  come  in  conflict  with,  the  lien  of  the  State 
herein  secured;  and  any  such  lien,  incumbrance  or  mortgage,  shall  be  null 
and  void,  as  against  said  lien  or  mortgage  of  the  State;  and  the  said 
lien  or  mortgage  of  the  State  shall  have  priority  over  all  other  claims  exist- 
ing or  to  exist  against  said  company. 

In  the  Senate  Souse,  the  twenty-first  daj  of  December,  in  the  year  of  "ur 
Lord  one  thousand  eight  hundred  and  sixty  one,  and  in  I       eight 
sixth  year  of  the  Bovereij  i       and  independence  of  the  State  of  S.  mtli 

Carolina. 

WILLIAM  D    PORTER,   President  of  the  S 
JAMES  SIMONS,  Speaker  House  of  Sepresentatix 


AN  ACT  tii  incorporate  the  Palmetto  Lyceom  of  Charleston.    No.  4586. 

I.  Beit  enacted  by  the  Senate  and   Souse  of  Representatives,  now  met 

nnd  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Chartet 
Edwin  Ileriot  President ;  Samuel  L.  Hammond,  and  Henry  Bpafnick,  Vi< 
Presidents;  Virgil  C.  Dibble,  Recording  Secretary;  Peter  Gowan,  Jr.,  Cor- 
responding Secretary;  Milwood  \V.  Heath.  Treasurer,  of  the  Palmetto 
Lyceum  of  Charleston,  and  their  associates  and  successors,  be,  and  the 
same  are  hereby,  declared  to  be  a  body  politic  and  corporate,  by  the  name 
and  style  of  the  "Palmetto  Lyceum  of  Charleston." 

II.  That  said  corporation  may  sue   and  lie  sued,  plead   anil   he  impleaded,  Privileges afid 
in  any  Court  of  law  or  equity  in  this  State  ;  n:ay  have  succession  of  officers,  l",,,1:,"J 
may  adopt  and  use  a    common    seal,  and    the    same    may   alter  at    pleasure; 

may  make,  and,  from  time  to  time,  alter  or  modify  such  by-laws,  rules 
and  regulations,  not  inconsistent  with  the  laws  of  the  land,  for  the  organiza- 
tion and  regulation  of  the  -aid  corporation,  as  may  be  deemed  nei 

lient;  maybe  capable  of  holding  any  re  n  leding  the 

value  of  ten  thousand  dollars,  and  ■  enefally  may  have  and  enjoy  all  the 
lights  and  privileges  incident  to  bodies  corporate. 


00  AT   LAEGB 

a.  i«  III.  That  this  Aol  shall  be  deemed  a  public  Act,  and  shall  continue  in 

force  for  fourtcju  yi 

In  thi  Souse,  the  twenty-first  day  of  Dot-ember,  in  the  year  of  our 

Lord  one  thoue  I    hundred  and  Bixty-one,  and  in  the  i 

sixth  year  of  thi  aty  and  independence  of  t:  if  South 

Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  House  of  Representatives. 


No.  4587. 


AN    ACT    TO    INCORPORATE    THE    SOUTHERN    EXPRESS    CnMI'A.Nl. 


Corporators. 


Name. 


Capital  Stock. 


I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
Charles  M.  Furman,  Charles  V.  Chamberlain,  F.  W.  Dillard,  John  E. 
Bacon,  J.  A.  Harman,  D.  A.  Reese,  B.  F.  Ficklin,  and  their  associates,  suc- 
cessors and  assigns,  be,  and  they  are  hereby,  declared  to  be  a  body,  corpo- 
rate and  politic,  by  the  name  of  the  Southern  Express  Company,  for  the 
purpose  of  an  express  transportation  business. 

II.  The  capital  stock  of  said  company  shall  be  five  hundred  thousand 
dollars,  and  shall  be  divided  into  shares  of  one  hundred  dollars  each:  and  in 
case  the  said  capital  stock  be  found  insufficient  for  its  purposes,  such  com- 
pany may  increase  its  capital  stock,  from  time  to  time,  to  such  amount  as 
may  be  deemed  necessary  for  the  purpose  aforesaid,  not  exceeding  ouc  mill- 
ion of  dollars.  Such  increase  must  be  sanctioned  by  a  vote,  in  person  or  by 
proxy,  of  two-thirds  in  amount  of  stock  of  the  company,  preseut  or  repre- 
sented at  a  meeting  of  such  stockholder.-. 

business,  when  III.  The  said  company  may  commence  business  as  soon  as  its  capital 
stock  is  fully  subscribed,  and  fifty  thousand  dollars  of  the  same  paid  up; 
and  on  such  subscriptions  being  made,  any  five  subscribers  to  said  stock 
may  call  a  general  meeting  of  the  stockholders  of  the  said  company,  by 
serving  a  notice,  signed  by  them,  of  the  time  and  place  of  such  meeting, 
twenty  days  at  least  before  the  time  of  holding  the  same,  mi  each  stock- 
holder personally,  or  by  leaving  it  at  his  residence,  or  by  putting  the  same 
in  the  Post-Office  at  Richmond,  directed  to  him  at  his  usual  or  reported 
place  of  residence,  and  paying  the  postage  thereon:  Provided,  however, 
That  any  other  mode  or  time  of  calling  said  meeting  shall  be  lawful,  if  all 
the  stockholders  consent  thereto  in  writing,  or  are  represented  thereat.    At 


company  may 
commence. 


OF   SOUTH    CAROLINA  Gl 

the  meeting  convened  as  aforesai  'id  company  shall   elect,   by  a      A.D.16KL 

irity  of  votes  there  present  or  represented,  not  less  than  five  nor  more  ^~  * 
than  nine  persons,  being  stockholders  of  the  said  company,  bo  act  as  Direc- 
tors of  the  said  corporation,  who  shall  represent  the  Baid  company,  and 
manage  the  business  thereof,  Vacancies  in  the  Board  of  Directors  shall  bo 
filled  in  such  manner  as  shall  be  prescribed  by  the  by-laws  of  tBe  corpora- 
tion. 

IV.  At  the  first   ii  iioard  of  Directors  after  their  elec- Officers,  elec- 
tion, tin  v  Bhall  elect  one  of  their  number  as  President  of  the  said  corpora- 
tion, and  may  elect  a  A'iee  President,  and  suoh  other  officers  as  they  maj 

deem  advisable.  The  Directors  of  this  company  shall  hold  their  offices  for 
one  year,  and  until  others  are  chosen. 

V.  in  ease  it  shall,  at  any  time,  happen  that  an  election  of  Directors  be  maj 
not  made  at  the  time  designated,  or  on  the  days  when  by  the  by-laws  of  other  than  <uja 
said  company  it  ought  to  be  done,  it  shall   and  may    he  lawful  to  hold  the 

same  on  any  other  day  designated  by  said  company.  And  in  ease  any 
annual  meeting  of  stockholders  shall  not  be  held,  by  reason  of  neglect  of  the 
Direi  tor  .  it  shall  be  in  the  power  of  am  stockholders  holding  one  hundred 
shares  of  the  capital  stock,  to  call  such  meeting,  for  the  purpose  of  electing 
Directors  and  other  purposes,  bj  giving  the  notice,  as  hereinafter  prescribed  ; 
and  for  that  purpose  they  Bhall  have  access  to  the  stuck  list  and  transfer 
books  of  said  company,  and  all  information  necessary  to  the  giving  of  suoh 
notice. 

VI.  And  il  b  ed,  That  the  Directors  of  such  company  shall  uyiaw?, 
have  power  to   make  and   prescribe   such   by-laws   and   ret; illations  as  they 

shall  deem  proper,  respecting  the  management  and  disposition  of  the  prop- 
erty and  estate  of  such  company,  the  duties  of  the  officers,  agents,  artificers 
and  servant-,  by  them  to  he  employed;  to  appoint  such  and  so  niauy  officers, 
clerk-  and  servants,  for  carrying  on  the  business  oi'said  company,  and  with 
such    salaries   or  wages,  as  to  them  shall  seem  reasonable;  Provided,  how- 

.   Thai  such  by-laWB  be  not  inconsistent  with  any  existing  law. 

VII.  The  said  company  shall  have  power  to  do  an  express  transportation  General 
business,  by  laud  or  by  water,  for  the  conveyance  of  persons  and  property  of 

■  •very  kind,  from,  to  and  between  any  place  in  the  Confederate  .States  and 

anyplace  in  or  beyond  the  limits  of  the  Confederate  States,  in  their  own 

conveyance  or   those   of  other  persons;  and  to  create  and  organize   branch 

agencies   fur   the  same   purpose;  am!   to  hire,  establish  and  maintain  store- 

es,   Ware-houses  and   ether  buildings,  and  to  purchase  lands  to  build 

thereon   such   Btore-houses,   wan-houses   and   other   buildings,    as    may    be 

oiled  for  the  safe  keeping  of  any  tiling  entrusted  to  them  lor  conveyance; 

sha'.i  have  power  to  indemnify  themselves  by  insurance  against  loss  or 

damage  by  fire,  or  the  risk  of  navigation  and  transportation  of  any  goods, 


62 


STATUTES    AT    LAI 


Meetings. 


A.  D.  1881.      ware?,  merchandise  or  other  property  in  their  custody,  received  by  them  for 
^""■"^y- -^    transportation,  or  held  by  them  as  their  property  :   Provided,  That  this  Act 
shall    nut   he  so  construed  as  to  give   the  said  Southern  H.\>  iiiv 

any  right   or  authority  to  build,  put  tablish  any  railr 

or  steamboat  line,  except  to  be  employed  between  any  port  in  the  Southern 
Confederacy  and  1'on   j  as  of  transportation ;  not 

shall  the  same  be  >  require  any  railroad  or  steamboat  tine 

established  in  part  or  in  whole  within  the  limits  of  the  Confederal' 
to  do  or  perform   transportation   service,  as  herei  '-ted,  for  or  on 

account  of  the  said  Southern  Express  Company. 
Principal  office.  VIII.  The  principal  office  of  said  company  shall  be  kept  at  Charleston, 
unless  the  same  be  changed  by  a  v;te  of  two-thirds  of  the  Directors,  at  a 
meeting  called  for  that  purpose,  to  any  other  place  iu  the  .State ;  and  the 
said  company  may  establish  as  many  branch  or  local  offices  jis  their  business 
may  require. 

IX.  The  regular  meeting  of  the  Board  of  Directors  of  said  company 
shail  be  held  at  the  principal  office  of. said  company,  or  at  such  other  place 
in  the  State  as  the  by-laws  or  the  Board  of  Directors  may  designate  ;  but 
said  company  may  hold  special  meetings  of  its  Directors,  for  the  transaction 
of  business,  at  any  place  which  the  by-laws  of  said  company  may  designate, 
or  which  the  majority  of  the  Directors,  with  the  approval  of  the  President, 
may  appoint. 

X.  If  the  said  company  shall  have  had  unclaimed  freight  or  baggage,  not 
perishable,  in  its  possession  for  the  period  of  at  least  one  year,  it  may  pro- 
ceed and  sell  the  same  at  public  auction,  after  giving  notice  to  that  I 
in  one  or  more  newspapers  published  iu  the  State,  or  at  the  place  where 
such  goods  are  to  be  sold,  ouce  a  week,  for  not  less  than  four  "  eeks  ;  and 
shall  also  keep  a  notice  of  such  sale  posted  for  the  same  time  in  a  conspic- 
uous place  in  the  principal  office  of -the  said  company.  Said  notice  shall 
contain,  as"  near  as  practicable,  a  description  of  such  freight  or  baggage,  the 
place  and  time  when  and  where  left,  together  with  the  name  and  residence 
of  the  owner  of  the  freight  or  baggage,  or  person  to  whom  it  is  consigned,  if 
the  same  be  known. 

XI.  All  moneys  arising  from  the  sale  of  freight  or  baggage,  as  aforesaid, 
after  deducting  therefrom  charges  and  expenses  for  the  transportation, 
storage,  advertising,  commissions  for  selling  the  property,  and  any  amount 
previously  paid  for  advances  on  such  freight  and  baggage,  shall  be  paid  by 
the  company  to  the  persons  entitled  to  receive  the  same.  Aud  the 
company  shall  keep  books  of  record  of  all  such  sales  as  aforesaid,  containing 
copies  of  such  notices,  proofs  of  advertisements  aud  posting,  affidavit  of 
sale,  with  the  amount  for  which  each  parcel  was  sold,  the  lotal  amount  of 
charges  against  such  parcel,  and  the  amount  held   intrust  for  the  owner  j 


Freight  and 
baggage  un- 
claimed,  how 
disposed  of. 


Moneys  there- 
fi"m.  how 
disposed  of. 


OF    SOUTH    CAROLINA.       •  63 

which  books  shall  be  opened  for  inspection  by  claimants,  at  the   principal      a.  d.  is6i. 
of  the  said  company,  and  at  the  office  where  the  sale  was  m 

XII.  That  st  lid  company  sh;  personally  i  tors 

■     (  '  pers  i.allv  re- 

sible  Cor  the  amount  equal  to  the  amount  of  stock  held  by  >  naibie.  K 

of,  or  damage  on,  goods,  moneys,  or  other  property  entrusted  to  the  said 
company  for  transportation,  and  ibr  any  contract,  made,  or  liability  incurred 
by  them. 

XIII.  That  no  right  of  property  to  this  franchise   shall  invest  until   the  Franchise, 

•        •  -i  •  •  iii-  11     when  to  attach. 

minimum  amount  of  capital  is  subscribed,  and  tiny  thousand  dollars  actually 

paid,  of  which   fact   it   shall  be   the   duty  of  the  company   to   inform   the 
Overnor,   in  the  same  manner  that   the  officers  of  a  hank  about  to  be   put 
into   operation    are    required    to    do.     And   when    said    i  impany   shall  be 
organized  and  ready  to  go  into  operation,  it  shall  be  the  duty  of  the  pre- 
siding officer  and  Treasurer  to  make  a  statement,  upon  oath,  to   the  Comp- 
troller General,  of  the  amount  of  capital  paid  in.  and  to  make  a  like  Btate- 
t   every  six    months  thereafter,  with   an  additional   statement  of  their 
Ste  and  gross    receipts;    and   for  failing  to  make  such  report,  they  shall 
forfeit    ami    pay    into   the  public  treasury  one   thousand  dollars   for  each 
failure,  to  be  recovered  by  motion,  alter  ten  days'  notice. 

XIV.  This  An  shall  be  subject  to  modification  ami  repeal  at  tie-  pleasure  Act  repealable. 
of  the  General  Assembly. 

XV.  Any  action  at  law  or  suit  in  equity,  against  the  said  company,  may  be  Suits,  how  com- 
commenced  by  any  person  residing  in  this  State,  by  personal  service  of  pro- 
no  the  local  agenl  or  officer  of  said  company  in  charge  of  its  affairs  in 

the  District  in  which  Buch  person  considering  himself  aggrii  i  d  maj  re  ide, 
or  in  any  District  through  which  the  lines  of  transportation  of  said  company 
ma\  pass,  if  there  shall  be  no  local  agent  or  officer  in  the  District  in  which 
the  person  commencing  such  suit  may  resole:  [provided,  That  nothing 
herein  contained  shall  be  construed  to  prevent  the  commencement  of  any 
suit  in  equity  or  action  at  law  in  the  manner  heretofore  provided  by  law. 

In  the  Senate  House,  the  t wen  '  n- of  our 

Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  Sb  outh 

Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Sen, 
JAM  KS  SIMONS,  Speaker  House  of  Repn  set  I  Hives. 


64 


STATUTES    AT   LARGE 


Ni-w  r-»nd.  York 
District 


New  road, 
Orange  Parish. 


Galarant's 
Ferry. 


Bridgp.  Ander- 
son and  '  in-ill 
ville  Di£ 


Bridge,  Saluda 
Eiver. 


\.V    ACT   TO   K8TABLI8H   CERTAIN    ROADS,   BRIDGES,  &RIE8,  AMD 

TO  RENEW  AND  AMEND  OERTAIN  CHARTERS  HERETOFORE  GRANTED. 

I.  ]'.  '/  by  tlie  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  Gem  ral  Assembly,  and  by  the  authority  of  the  same,  That  a 
new  road  in  Fork  l>i-irict,  from  tlie  residence  of  Joseph  McCash,  on  the 
Yorkvilleand  Rntherfordton  road,  to  Gaffney's  Ferry,  on  Broad  liiver,  about 
two  miles  long,  be  opened  and  laid  out  by  M.  L.  Ross,  W.  L.  Hopsoa,  and 
L.  II.  Anthony,  and  then  turned  over  to  the  Commissioners  of  Roads  of 
the  said  District,  and  is  then  hi  olared  to  be  a  public  road,  on  the 
condition  that  the  owners  of  tlie  land  over  which  said  road  will  pass  shall 
grant  the  right  of  way  without  charge  to  the  State. 

II.  That  the  Commissioners  of  Roads  for  Orange  Parish  do  lav  out  and 
open  a  new  road,  leading  from  Rowe's  Pump,  on  the  South  Carolina  Rail- 
road, westward,  to  the  Orangeburg  and    Charleston  road,  near  the  resi 

of  Mrs.  Susan  Bowman,  along  its  present  route  and  track,  by  the  n  sidence  of 
James  Cos,  Francis  Baxter,  Thomas  P.  Stokes,  Lewis  J.  ('ruin,  and  others; 
and  when  so  laid  out  and  opened,  the  said  road  be,  and  the  same  is  hereby, 
declared  to  be  a  public  road. 

III.  That  Galarant's  Ferry,  over  the  Little  Pee  Bee  River,  be  estab- 
lished as  a  public  ferry,  and  vested  in  Mathew  Martin,  his  heirs  and 
assigns,  for  the  term  of  fourteen  years,  with  the  following  rates  of  toll: 
For  footman,  five  cents;  for  man  and  horse,  ten  cents;  fur  all  car: 
drawn  by  one  horse  or  mule,  or  an  ox  cart,  twenty -live  cents  ;  for  ail 
carriages  drawn  by  two  horses,  mules,  or  oxen,  thirty-five  cents;  for  all 
carriages  drawn  by  three  horses,  mules,  or  oxen,  fifty  cents ;  for  all  car- 
drawn  by  four  horses,  mules,  or  oxen,  seventy-five  ceuts;  for  all  car- 
riages drawn  by  five  horses,  mules,  or  oxen,  one  dollar;  for  cattle,  five  cents 
per  head ;  for  bogs  and  sheep,  three  cents  per  head. 

IV.  That  the  citizens  of  Anderson  and  Greenville  Districts,  living  in  the 
neighborhood  of  Hi  ram  Cooly 's  Bridge,  over  Saluda  River,  as  now  erected, 
shall  have  the  privilege  to  keep  up,  in  good  repair,  a  bridge  which  they 
have  now  erected  over  Saluda  River,  near  the  bridge  of  the  said  Hiram 
Cooly,  which  bridge  shall  bo  a  free  bridge  to  the  public,  at  which  no  one 
shall  be  charged  toll  for  crossing.  That  the  said  bridge  be  kept  in  good 
repair  by  the  labor,  and  at  the  cost,  of  those  persons  who  have  contributed 
money,  means  or  labor  to  erect  the  present  bridge.  This  privilege  shall 
continue  in  force  so  long  as  the  said  persons  shall  keep  up  the  same,  and 
the  roads  leading  thereto,  without  expense  to  the  public. 

V.  That  Hiram  Cooly  be  permitted  to  keep  up  the  bridge  over  Saluda 
River,  as  it  now  is,  for  the  term  of  fourteen  years,  as  a  toll  bridge,  and  he 
shall  receive  such  tolls  thereat  as  he  received  under  and  while  his  former 


OP  SOUTH   CAROLINA.  65 

charter  existed;  but  this  privilege  to  the  said  Hiram  Cooly  shall  not  inter-  a.  d.  isci. 
fere  with  any  of  the  rights  or  privileges  hereinbefore,  by  the  fourth  section  ^"— ~v~ *■' 
of  this  Act,  granted  to  certain  persons  named  therein. 

VI.  That  the  new  road  now  existing  and  used,  leading  from  Summerville,  Hi  a  road, 9t 
in  the  Parish  of  Saint  George,  Dorchester,  to  Baton  Bridge,  on  Ashley  Dorcneator. 
River,  about  four  miles  long,  be,  and  is  hereby,  declared  to  be  a  public 
highway;  and  shall  be  worked  on,  and  kept  in  good  order  as  r;uch,  by  the 
Commissioners  of  Roads  of  the  Lower  Board  in  the  Parish  of  Saint 
George,  Dorchester,  in  the  District  of  Colleton.  But  the  said  Commis- 
sioners of  Roads  shall  first  obtain  the  right  of  way  from  the  proprietors  of 
the  land  over  which  the  said  road  shall  be  laid  out. 

VU.  That  a  new  road  be  laid  out  iii  Edgefield  District,  running  from  Aiken  Not  road, 
to  Edgefield  Court  House,  about  two  miles  from  Aiken,  and  intersecting 
the  Leesvillo  road,  or  the  public  road  running  by  Charles  Plunket's,  about 
one  mile  south  of  said  Plunket's:  Provided,  That  the  consent  of  land  owners 
be  first  obtained,  without  cost  to  the  State  :  That  T.  G.  Croft,  Andrew 
Jordan,  and  Charles  Plunkct  be  appointed  Commissioners,  with  power  to 
lay  out  the  said  road,  and  have  the  same  cleared  out ;  and  that  said  road  bo 
declared  a  public  highway,  and  turned  over  to  tho  Commissioners  of  Roads 
for  said  District. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  "ii-  n sand  right  hundred  and  sixty-one,  and  in  th.1  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  Stnte  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  ike  Senate. 
JAMES  SIMONS,  Speaker  Howe  of  Representatives. 


i,     I,  |     ITS 


AN  ACT  to  Regulate  the  Reports  of  the  Railroad  Companfes,   No.  4589. 

AND    FOR  OTHER   PURPOSES. 

I.  Be  it  enacted  by  the  Sonate  and   House  of  Reprepresentatives,  now 
met  and  sitting  in  General   Assembly,  and  by  the  authority  of  the  same, 
That  the  several  Railroad  Companies  chartered  by  this  State  be,  and  the  Railroad  „m. 
same  are  hereby,  required  to  file  in  the  Comptroller  General's  office,  on  or  ^"",V''  '"**" 
before  the  first  day  of  October,  in  each  year,  reports,  according  to  the 
following  schedule,  viz  : 
9 


66 


STATUTES    AT   LARGE 


a. d.  1861  Abstract  "/Railroad  Report 

*~~~v—'    of  the  Company,  for  the  year  ending  the  first  day  of 

Form  of  report.  ,-.    .   v  ».,  ,  ,.,,,, 

Uctober,  01  the  year  one  thousand  eight  hundred 


Future  Prospects  of  i. 
and  General  Remarks. 

J 

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JBAO    SI3§U..i-~\:(( 

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•euiB^ 

OF   SOUTH   CAROLINA.  67 

And  any  Railroad  Company  which  shall  fail  to  make  such  report,  shall  be  A.  p.  1861. 
liable  to  a  penalty  of  one  hundred  dollars,  to  bo  recovered  by  action  of  debt  *-~^y"-— ' 
in  any  Court  having  jurisdiction. 

II.  That  all  Acts  and  clauses  of  Acts  requiring  Railroad  Companies  to  Existing  Acts 

repeal'  '1. 

make  reports  of  their   condition  to  the  Legislature  be,   and  the  same  are 
hereby,  repealed. 

III.  That  it  shall  be  the  duty  of  the  Comptroller  General  to  collate  the 
said  reports  in  one  general  abstract,  and  publish  the  same  with  his  Annual 
Report;  and  also  to  report  any  Railroad  Company  which  shall  fail  to  make 
such  report. 

In  the  Senate  House,  the  twenty  Erst  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eiijlit  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.   POKTBB,   President  of  the  Senate. 
JAMES  SIMONS,  Speaker  Howe  of  Representatives. 


an  act  to  authorize  the  formation  of  a  yot.unteer  comtany    no.  4590. 
of    Light  Artillery,   and  to   incorporate  the   same,  by  the 

NAME    OF    THE    "  WACCAMAW    LlGHT    A  ttl  I  1 ..  ,EB  Y." 

I.  Br  it  enacted  by  the  Seuate  and  Ilouse  of  Representatives,  now  met 

and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  the  .vi.iiit.int  and 

Adjutant  and  Inspector  General  of  the  State  of  South  Carolina  he,  and  he  erai  toinsi t 

.     ,'        ,  ,        .  ,  ..,,.,.,.  and  receive, 

is  hcreny.  empowered  to  inspect  and  receive  into  the  thirty-third   regiment 

of  South  Carolina   Militia,  a  new  volunteer  company  of  light  artillery,  to 

be  styled  the  "  Waccamaw  Light  Artillery,"  any  law  to  the  contrary  hereof 

notwithstanding. 

II.  That  the  said  company  shall  have  attached  to  the  same  one  Captain,  Officers. 
three  Lieutenants,  five  Sergeants,  four  Corporals,  and  one  Secretary  and 
Treasurer,  and  shall   not  consist  of  more  than  one  hundred  or  less  than 

forty  men,  including  officers,  non-commissioned  officers  and  privates;  and 
whenever  it  shall  be  reduced  under  the  number  of  forty  men,  above  re- 
quired, ami  shall  not  recruit  to  such  number  within  six  months  after  notice 
to  its  commander  to  fill  up  its  ranks,  it  shall  be  disbanded,  and  the  commis- 
sions of  its  officers  vacated. 


A.  D.  1S61. 


Corporate 

pOWfiM. 


Sheriff  to  en- 
force process. 


STATUTES    AT    LARGE 

III.  That  the  said  company,  as  soon  as  it  shall  have  hcon  received,  as 
herein  provided  for,  be,  and  the  same  is  hereby,  declared  to  be  a  body 
politic  and  corporate,  under  the  name  and  style  of  the  "  Waccamaw  Light 
Artillery,"  for  the  term  of  fourteen  years  from  the  ratification  of  this 
Act,  with  all  such  powers  as  are  incident  to,  and  all  such  liabilities  as  are 
now  imposed  by  law  upon,  like  corporations. 

IV.  That  the  said  company  shall  have  the  power  to  adopt  a  constitution 
and  by-laws,  and  enforce  the  same  by  all  needful  rules  and  regulations;  to 
hold  company  courts  martial,  to  be  appointed  by  the  officer  in  command,  for 
the  trial  of  all  offences  created  by  such  constitution  and  by-laws,  and  to 
collect,  by  process  of  execution,  as  now  provided  fur  by  law,  all  fines  and 
penalties  which  shall  be  imposed  by  such  company  courts  martial. 

V.  That  it  shall  be  the  duty  of -the  Sheriff  of  Georgetown  District  to 
enforce  all  legal  process  issuing  from  the  courts  martial  of  said  company, 
and  make  return  thereof  to  the  Secretary  and  Treasurer  of  said  company, 
within  three  months  after  the  same  may  have  been  lodged,  under  a  penalty 
of  fifty  dollars  for  each  and  every  failure  so  to  do. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  tho  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  House  of  Representatives. 


No.  4591.  AN  ACT  to  Aid  in  hie  Construction  of  tiie  Barnwell 

Railroad. 


I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now 
met  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same, 
Bonds,  to  been-  That  whenever  tho  Barnwell  Railroad  Company  shall  have  graded,  bridged, 
'  and  shall  have  ready  to  put  down  the  necessary  timbers  for  the  reception 
of  the  rails,  and  fully  prepared  the  said  road,  in  a  good  and  substantial 
manner,  with  good  materials,  for  putting  on  the  iron  rails,  and  the  Gov- 
ernor shall  be  notified  of  the  fact,  and  the  said  road  is  not  subject  to  any  lien 
whatsoever,  other  than  that  created  in  favor  of  the  State  by  this  Act,  by 
the  written  affidavit  of  the  President  and  Chief  Engineer  of  said  company, 


OF   SOUTH   CAROLINA.  69 

then  the  Governo*. shall  cause  to  he  endorsed  by  the  Comptroller  General,  4.D.194L 
upon  the  honds  of  the  said  company,  to  an  amount  not  exceeding  five  v—~v~—v 
thousand  dollars  per  mile  of  the  said  road,  the  guarantee  of  the  State  of 
South  Carolina,  pledging  therefor  the  faith  and  funds  of  the  State,  which 
bonds  shall  he  payable  at  such  place  in  the  Confederate  States  as  the  Presi- 
dent of  the  company  may  designate,  bearing  an  interest  of  seven  per 
centum  per  annum,  payable  semi-annually,  and  not  having  more  than 
twenty  years  to  mature. 

II.  That    ili'    bonds  endorsed   as  aforesaid   shall  not   he   used   by  said  Endorsed 
company   for  any  other  purpose  than  for   procuring  the  iron    rails,  chairs,  tion  upon  their 
spikes  and  equipments   for  said  road,  and  for  putting  down   said  iron   rails; 

and  the  Governor  shall  not  cause  the  same  to  he  endorse. 1  unless  upon  the 
affidavit  of  said  President,  and  a  resolution  of  a  majority  of  the  Board  of 
Directors  for  the  time  being,  that  said  bonds  shall  not  he  used  for  any  other 
purpose  than  for  procuring  the  said  iron  rails,  (hairs,  spikes  and  other 
equipments  for  said  road,  and  for  putting  down  said  iron  rails. 

III.  That  as  soon  as  any  Buoh  honds  shall    have  been   endorsed  for  the  Lion,  endorsed 
said  road,  as  aforesaid,  they  shall  constitute  a  Ion  upon  said  road,  including 

the  road-bed,  right  of  way,  grading,  bridges  and  masonry,  upon  all  the 
stock  subscribed  for  in  said  company,  and  upousaid  iron  rails,  chairs, 
spikes  and  equipments,  when  purchased  and  delivered;  and  the  State  of 
South  Carolina,  upon  the  endorsing  of  the  said  bonds,  and  by  virtue  of  the 
same,  shall  he  invested  with  said  lien  or  mortgage,  without  a  deed  from  the 
company,  for  the  payment  hy  said  company  of  said  honds,  with  the  interest. 

IV.  That  when  the   whole  of  said  road  shall   lie  completed,  the  State  of  State  to  be  in- 
South  Carolina  shall  he  invested  with  a  lien,  without  a  deed  from  the  com-  lien. 

pany,  upon  the  entire  road,  including  the  stock,  right  of  way,  grading, 
bridges,  masonry,  iron  rails,  chairs,  spikes,  and  the  whole  superstructure  and 
equipments,  and  all  the  property  owned  hy  the  company,  as  incident  to  or 
necessary  for  its  business,  for  the  payment  of  all  of  said  bonds,  endorsed  as 
aforesaid,  as  provided  in  this  Act.  and  for  the  interest  accruing  on  said  bonds. 
And  after  the  Governor  shall  have  caused  bonds  to  be  endorsed,  as  provided  > 

in  the  first  section  of  this  Act.  for  the  said  road,  it  shall  not  he  lawful  for 
said  Company,  to  give,  create  or  convey,  to  any  person  or  persons,  or  body 
corporate  whatever,  any  lien,  incumbrance  or  mortgage  of  any  kind,  which 
shall  have  priority  over,  or  come  in  conflict  with,  the  lien  of  the  State 
i  secured  ;  and  any  such  lien,  incumbrance  or  mortgage,  shall  be  null 
and  void  as  against  said  lien  or  mortgage  of  the  State;  and  the  said  lien  or 
mortgage  of  the  State  shall  have  priority  over  all  other  claims  existing  or 
to  exist  against,  said  company. 

V.  That  the  State  expressly  reserves  the  right  to  enact,   hereafter,  all  Protective  laws, 
Mich  laws  as  may  bo  deemed  necessary  to  protect  the  interest  of  the  State,  cmict.may 


70  STATUTES    AT    LARGE 

a.  d.  1861.  and  to  secure  it  against  any  loss  in  consequence  of  the  endorsing  of  bonds 
under  the  provisions  of  this  Act,  hut  in  such  manner  as  not  to  impair  the 
vested  rights  of  the  stockholders  of  the  company. 

In  the  Senate  Souse,  the  twenty-first  clay  of  December,  in  the  year  of  our 
thousand  eight  hundred  and  si  i  ml  in  the  eighty- 

sixth  year  of  the  BOTereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  I).  PORTER,  President  of  the  Smote. 
JAMES  SIMONS,  Speaker  House  of  Representative*. 


No.  4592.  AN  ACT  to  incorporate  certain  Societies,  Associations  and  Com- 
panies, AND  TO  RENEW  AND  AMEND  THE  CHARTERS  OF  OTHERS,  AND 
FOR  OTHER  PURPOSES. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,   now  met 

Jasper  Greens,   and  .sitting  in  General  Assembly,  and  by   the  authority  of  the  same,  That 

the  officers  and  privates  composing  the   volunteer  corps    of  heavy   infantry 

known  as   the  "  Jasper  Greens,"  and  attached   to  the  fourth  brigade  of 

South  Carolina  militia,  and  of  the  corps    of  light  infantry   known   as  the 

Beauregard        "  Bcaureeard  Light  Infantry,"  and  attached  to  the   first  regiment  of  rifles 

Light  Infantry.  ,     .        ,       ,  ,     , 

of  the  same  brigade,  be,  and  they  are  hereby,  declared  bodies  politic  and 
corporate,  by  the  name  and  style,  respectively,  of  the  "Jasper  Greens" 
and  the  "  Beauregard  Light  Infantry;"  that  the  said  companies  shall  have 
succession  of  officers,  and  shall  have  the  power  to  hold  estate,  real  and 
personal,  to  the  value  of  five  thousand  dollars,  and  the  same,  or  any  part 
thereof,  to  alien,  sell  or  transfer ;  to  have  and  use  a  corporate  seal ;  to 
make  all  needful  by-laws,  rules  and  regulations,  not  repugnant  to  the  laws 
of  the  land  ;  to  hold  company  courts  martial,  for  the  trial  of  cases  of  default 
and  of  infraction  of  the  by-laws,  rules  or  regulations  of  the  company;  to 
issue  process,  in  the  nature  of  an  execution,  for  the  collection  of  all  fines 
imposed  by  such  coutfs,  which  process  shall  have  the  same  force  and  effect, 
aud  be  executed  in  the  same  manner,  as  now  required  by  law  in  case  of 
process  issued  by  other  courts  martial,  aud  be  returned  to  said  companies, 
or  to  such  officer  thereof  as  the  process  may  direct ;  to  sue  and  be  sued ; 
and  shall  have  all  other  rights,  powers  and  privileges,  incident  to  bodies 
corporate  :  Provided,  That  nothing  herein  contained  shall  be  construed  to 
exempt  the  said  companies  from  any  military  service  that  may  be  required 


OP    SOUTH   CAROLINA.  71 

by  the  laws  of  this  State,  or  from  answering  for  default  of  such  service  to  A.D.MBL 
any  court  martial  of  the  brigade  or  regiment  to  which  said  companies  may  ^— —v™—' 
be  attached. 

II.  That  the  South  Carolina.  Rangers,  of  the  City  of  Charleston,  be,  and  South  Carolina 
the  same  are  hereby,  declared  to  be  a  body  politic  and  corporate,  under  the 

name  and  style  of  the  "  South  Carolina  Rangers,"  for  the  term  of  fourteen 
years  from  the  ratification  of  this  Act,  with  all  such  powers  as  are  incident 
to,  and  all  such  liabilities  as  are  now  imposed  by  law  upon,  like  corporations ; 
and  that  the  said  company  shall  have  power  to  adopt  a  constitution  and  by- 
laws, and  enforce  the  same  by  all  needful  rules  and  regulations;  to  hold 
company  courts  martial,  to  be  appointed  by  the  officer  in  command,  for  the 
trial  of  all  offences  created  by  the  constitutiou  and  by-laws;  aud  to  collect, 
by  process  of  execution,  as  now  provided  for  by  law,  all  tines  and  penalties 
which  Bhall  be  imposed  by  such  company  courts  martial ;  that  the  said 
couipauy  shall  be  attached  to  such  regiment  of  the  fourth  brigade  as  they 
shall  think  proper  to  select,  and  be  constituted,  as  to  number  of  officers, 
non-commissioned  officers  aud  privates,  as  provided  for  a  corps  of  cavalry  by 
the  Military  Act  of  Assembly  of  one  thousand  eight  hundred  aud  forty-one. 

III.  That  John  B.  Frazer,  Gh  W.  Spcncc,  and  (i.  W.  Skriue,  aud  others,  South  Carolina 
who  are  now,  or  may  hereafter  be,  associated  with  them  as   members  of  an  Knights 

ii  kuowu  as  "South  Carolina  (Vnumandery,  Xo.  1,    Knights  Tern-    u"'"" 
plar,"  be,  and  they  arc  hereby,  declared  a  body  politic  and  corporate,  by  the 
name  and  style  of  "  South  Carolina  Coinniandery,  No.  1 ,  Knights  Templar," 
with  power  to  invest  funds  in  estate,  real  aud  personal;  and  to   have  and 
exercise  all  the  rights,  powers  and  privileges,  incident  to  bodies  corporate. 

IV.  That  the  charter  heretofore  granted  to  the  "  Chora w   Bridge   Com-  choraw  Bridge 
pany "  be,  and  the  same  is    hereby,    renewed   aud    extended,   with   all    the 

rights  and  privileges  heretofore  granted. 

V.  That  the  officers  and  privates  composing  the  volunteer  corps  known  Charleston 
as  the-  Charleston  Zouave  Cadets  be,   and  they  are  hereby,  declared  a  body 

politic  and  corporate,  by  the  name  and  style  of  the  "  Charleston  Zouave 
Cadets  ;"  that  the  said  compauy  shall  have  the  power  to  hold  estate,  real 
and  personal,  to  the  value  of  five  thousand  dollars,  and  the  same,  or  any 
part  thereof,  to  alien,  sell  or  transfer ;  to  make  all  ueedful  by-laws,  rules 
;  regulations,  net  repugnant  to  the  laws  of  the  land;  to  hold  company 
courts  martial,  for  the  trial  of  cases  of  default  and  of  infraction  of  the  by- 
laws, rules  or  regulations  of  the  company  ;  to  issue  process,  in  the  nature 
of  an  execution,  for  the  collection  of  all  fines  imposed  by  such  courts, 
which  process  shall  have  the  same  force  aud  effect,  and  be  executed  in  the 
same  manner,  as  now  required  by  law  in  cases  of  process  issued  by  other 
courts  martial,  and  be  returned  to  the  said  company,  or  to  such  officer 
thereof  as  the  process  may  direct ;  to  have  succession  of  officers  and  uioui- 


72  STATUTES   AT   LARGE 

a.  d.  isci.      hers  ;  to  sue  and  be  sued  ;  and  shall  have  all  other  rights,  powers  and  priV- 
Y  ileges  incident  to  bodies  corporate  :  Prox  id  d,  That  nothing  herein  contained 

shall  be  construed  to  exempt  the  said  company  from  any  military  service 
that  may  be  required  bj  the  laws  of  this  State,  or  from  as  far  default 

of  such  service  to  way  courts  martial  of  the  brigade  or  regiment  to  which 
said  company  is  attached.  That  all  the  rights,  power!  and  privileges  con- 
ferred by  this  Act  on  the  South  Carolina  Hangers  be,  and  the  same  arc 
hereby,  conferred  on  the  Marion  Rangers,  commanded  by  Captain  John  15. 
Earnest,  in  the  fourth  brigade  South  Carolina  Militia, 
summprviiic.  VI.  That  the  charter  heretofore  granted  to  the  Town  of  Summerville  be 

charter  of  °  so  amended  as  to  empower  the  said  Town  Council  to  raise,  annually,  by 
taxation,  for  the  uses  of  said  corporation,  a  sum  net  exceeding  five  hundred 
dollars;  and  that  said  Council  he  further  empowered  to  impose  a  tax  on 
horses  and  carriages  of  every  kind,  kept  in  said  town,  whether  by  perma- 
nent or  transient  residents ;  and  upon  carts  and  wagons  used  in  said  town 
by  non-residents,  for  hire,  or  conveying  lumber,  freight  audi'  l>out 

the  town  :  Provided,  That  the  part,  lying  within  the  corporate  limits  of 
said  town,  of  the  farm  belonging  to  Samuel  Kingman,  be  exempted  from 
all  taxation  by  said  Town  Council,  so  long  as  there  shall  be  no  building 
thereon. 

VII.  That  thi3  Act  shall  be,  and   is  hereby,  declared  to  be  a  public  Act, 
and  shall  continue  of  force  for  the  term  of  fourteen  years. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  SoutL 
Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  Souse  of  Representatives. 


No.  4593.    AN  ACT  to  amend  an  Act  entitled  "An  Act  creatinu   a  Mil- 
itary Establishment  for  the  State  of  South  Carolina,  and 


FOR   OTHER   I'URI'OSES. 


I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
Amendments,    and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
the  third  section  of  an  Act  entitled  "An  Act  creating  a  Military  Establish- 
ment for  the  State  of  South  Carolina,  and  for  other  purposes,"  ratilied  the 


OF   SOUTH   CAROLINA.  73 

twenty-eighth  day  of  January,  in  the  year  of  our  Lord  one  thousand  A.  d.  ism. 
eight  hundred  and  sixty-one,  be,  and  the  same  is  hereby,  altered  and 
amended,  so  as  to  read  as  Follows,  viz:  That  there  shall  be  one  regiment  of 
artillery,  which  shall  consist  of  the  officers  allowed  by  the  laws  of  the  Con- 
federate States  of  America  to  regiments  of  artillery,  and  not  less  than  eight 
companies;  and  each  company  shall  consist  of  one  captain,  two  first  lieuten- 
ants and  one  second  lieutenant,  five  sergeants,  four  corporals,  two  artificers, 
two  musicians,  and  not  less  than  sixty  nor  more  than  one  hundred 
privates,  and  one  company  of  artillery  may  be  equipped  as  a  harnessed 
battery  of  light  or  flying  artillery. 

II.  That  the   fifth  section    of  the  said    Act  be,  and  the  same  is  hereby, 
1  and  amended,  so  as  to  read  as  follows,  viz:  That  there  shall  be  one 

sqrtadrOB  of  cavalry,  convertible  into  infantry  or  artillery,  as  the  War 
Department  may  direct,  which  shall  consist  of  one  major,  one  adjutant  and 
one  quartermaster,  one  sergeant  major,  one  quartermaster  sergeant,  and  four 
companies,  each  of  which  shall  consist  of  one  captain,  one  first  lieutenant 
and  one  second  lieutenant,  four  BeTgeants,  four  corporals,  two  musicians,  two 
artificers,  and  pot  less  than  sixty  nor  more  than  one  hundred  privates. 

III.  That  the  tenth  section  of  the  said  Act  be,  and  the  same  is  hereby, 
altered  and  amended,  so  that  the  enlistments  made  thereunder  shall  be  for 
a  period  of  three  years,  or  during  the  continuance  of  the  war  between  the 
United  States  and  the  Confederate  States  of  America,  unless  the  persons  so 
enlisted  shall  l>c  sooner  disc  barged,  and  all  re-enlistments  shall  be  for  a 
period  of  three  years,  or  during  the  continuance  of  the  said  war,  unless  the 
non-commissioned  officers  and  privates  so  re-enlisted  shall  be  sooner  dis- 
charged :  Provided,  That  nothing  herein  contained  shall  be  construed  as 
making  provisions  for  the  maintenance  of  a  military  force  of  any  kind  for  a 
longer  period  than  while  they  are  iu  the  service  of  the  Confederate  States 
of  America. 

IV.  That  the  second,  sixth,  seventh  and  eighth  sections  of  the  said  Act 
be,  and  the  same  are  hereby,  repealed. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM   D.   PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  Souse  of  Representatives. 

10 


STATUTES    AT    LARGE 


Incorporated. 


a.  d.  i8Gi.     AN  ACT  to  amend  the   Chaster  of  the  Union  Light  Infantry 

*      '  Charitablf.  Society  and  Company. 

No.  4594. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 

Amendment  of  and  Bitting  in  General   Assembly,  and  by  the  authority  of  the  same,  That 
ohartar.  .  •  J  ■  . 

the  charter  of  the  Union  Light  Infantry  Charitable  Society  and  Company 

be,  and  the  same  is  hereby,  amended,  so  that  the  said  society  shall  have 

power  to   elect  honorary  and  actual  members  who   are  not  members  of  the 

said  company,  and  that  it  shall  not  hereafter  be  requisite  that  the  members 

of  the  said  society  shall  be  members  of  the  said  company. 

II.  That  the  said  company  shall  be  held  and  taken  as  a  body  corporate 
and  politic,  separate  from  the  said  society,  and  shall  not  consist  of  less  than 
forty  men,  including  officers,  non-commissioned  officers  and  privates, 
any  law  to  the  contrary  notwithstanding ;  that  it  shall  have  power  to 
adopt  a  constitution  and  by-laws,  and  to  enforce  the  same,  hold  company 
courts  martial,  to  be  composed  of  the  commissioned  officers,  for  the  trial 
of  all  offences  created  by  said  constitution  or  by-laws,  and  to  issue  execu- 
tion for  the  same,  under  the  hand  and  seal~of  the  commanding  officer. 

III.  That  it  shall  be  the  duty  of  the  Sheriff  of  Charleston  District  to 
execute  any  process  of  fine  directed  to  him  under  said  hand  and  seal : 
Provided,  That  no  fine  be  imposed  for  a  larger  amount  than  twenty  dollars; 
that  all  fines  collected  shall  be  paid  to  the  commanding  officer  aforesaid ; 
and  on  the  failure  of  said  Sheriff  to  execute  said  process,  a  rule  may  issue 
on  the  suit  of  said  officer,  returnable  to  the  next  term  of  Court — said  rule  to 
be  issued  by  the  Clerk  of  Common  Pleas  for  Charleston  District,  requiring 
said  Sheriff  to  show  cause  why  he  has  not  enforced  said  execution ;  and  no 
cause  being  shown,  he  shall  forfeit  the  sum  of  fifty  dollars  to  said  company, 
judgment  for  which  shall  be  signed  iustanter. 

IV.  That  the  charter  herein  granted  to  said  society  and  company  shall 
expire  with  the  limitation  of  the  original  charter;  and  the  members  of  said 
company  shall  not  be  liable  to  do  militia  or  patrol  duty  other  than  in  said 
company. 


Sheriff  to  exe- 
cute process. 


Limitation  of 
charter. 


In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.   PORTER,   President  of  the  Senate. 

JAMES  SIMONS,  Speaker  House  of  Representatives. 


OP    SOUTH   CAROLINA.  75 

AN   ACT   TO   INCORPORATE  THE   FLORENCE    AND    FaYETTEVILLE    RAIL-       A.  D.  1861. 

road  Company.  ^ — * ' 

No,  4.'>95. 

I.  Br   it  enacted  by  the  Senate  and   House   of  Representatives,  now 
met  and  sitting  in   General  Assembly,   and   by  the  authority  of  the  same, 

That  for  the  purpose  of  forming  a  railroad  communication  between  Florence,  Railroad, 
in  this  State,  and  the  Town  of  Fayetteville,  in  the  State  of  North  Carolina,  build's.  '" 
the  formation  of  a  corporate  company  is  hereby  authorized,  to  be  called 
"The  Florence  and  Fayetteville  Railroad  Company,"  which  company, 
when  formed,  are  hereby  authorized  to  construct  a  railroad  from  Florence 
to  a  point  at  or  mar  Mclnnis  Bridge,  on  Little  Pee  Dee  River,  and  thence 
to  Fayetteville,  in  the  State  of  North  Carolina,  following,  throughout  its 
length,  a  line  between  said  points,  as  nearly  direct  as  may  be  consistent  with 
the  most  economical  construction  of  said  road. 

II.  That  the  capital  stock  of  said  company  shall  be  fifteen  hundred  thou-  Capital  atook 
d  dollars,  to  be  divided  in  shares  of  one  hundred  dollars  each,  with  the 

privilege  of  increasing  said  capital,  at  any  time  alter  the  company  is  organ- 
ized, to  an  amount  not  exceeding  three  million  dollars,  in  like  shares  of  one 
hundred  dollars  each. 

III.  That  for  the  purpose  of  raising  such  capital  stock,  books  of  subserip-  Commissioners 
tiou  are  hereby  authorized  to  be  opened  at  the  following  places,  and  by  the  scriptions. 
following  persons,  as  Commissioners,  (hat  is  to  say:    At  Harlleesville,  in 

Marion  District^  by  A.  W.  Bethea,  A.  S.  McCormick  and  James  MoRaej 
and  at  Clio,  in  Marlborough  District,  by  Charles  McRac,  John  A.  McRae 
and  P.  15.  McLauren  ;  with  power  in  said  Commissioners,  or  any  three  of 
them,  to  appoint  Commissioners  at  such  other  places  as  they  may  think 
proper;  which  books  of  subscription  may  be  opened  at  any  time,  and  from 
time  to  time,  as  the  said  Commissioners  herein  named,  or  a  majority  of  them, 
shall  determine,  upon  first  giving  at  least  thirty  days'  public  notice  of  the 
time  and  place  of  opening  said  books. 

IV.  That  whenever  the  sum  of  three  hundred  thousand  dollars  shall  have  <  rganieation. 
been  subscribed  by  responsible  individuals,   companies  or  corporations,   to 

the  capital  slock  of  said  company,  and  an  instalment  of  five  dollars  on  each 
share  paid  in  cash,  it  shall  be  lawful  for  said  company  to  organize,  and  pro- 
ceed to  the  construction  of  the  said  railroad  ;  and  for  the  purpose  of  so  organ- 
izing, it  shall  be  the  duty  of  the  Commissioners  herein  named  to  call  a 
meeting  of  the  stockholders,  fixing  the  time  and  place  of  such  meeting. 

V.  That  for  the  purpose  of  organizing  said  company,  and  of  continuing  General 
the  said  railroad,  the  said  company  is  hereby  invested  with  all  the  powers  ''"" 
and  privileges,  and  is  made  subject  to  all  the  duties  and  liabilities,  that  the 
Wilmington  and  Manchester  Railroad  Company  are  invested  with  and  sub- 
ject to,  by  an  Act  entitled  "  An  Act  to  charter  the  Wilmington  and  Man- 


76  STATUTES    AT    LARGE 

a.d.1861.     Chester  Railroad  Company,"  ratified  on  the  eighteenth  day  of  December. 

v— ""v— ^     in  tlie  year  of  our  Lord  one  thousand  eight  hundred  aud  forty-six;  and  the 

charter  of  the  said  Wilmington  and  Manchester  Railroad  Company  shall 

he  and  oonstitute,  as  far  as  practicable,  the  charter  of  the  said  Florence  and 

Fayctteyille  Railroad  Company. 

Freight  and  VI.  That   tin1   r,  uniirin  v   hereby  authorized  to  be   formed,  shall  not  have 

charges  uni-       power  to  discriminate  On  freight  and  travel  against  anv  of  the  railroads  now 
form  in  rate.  ' 

in  operation,  or  which  may  at  any  time  hereafter  be  constructed,  in  South 

Carolina,  but  the  charges  of  freight  and  travel  shall  be  the  same  in  every 
instancr,  agreeable  to  distance,  under  the  penalty  of  forfeiture  lit'  their  char- 
ter. That  the  gauge  of  said  road  shall  be  five  feet,  to  correspond  with  the 
gauges  of  the  railroads  in  South  Carolina,  throughout  the  entire  length  of 
road  from  Florence  to  Fayetteville,  North  Carolina. 

In  tho  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  ike  Senate. 
JAMES  SIMONS,  Speaker  House  of  Representative*. 


No.  4596.  AN  -ACT  to  incorporate  certain  Religious  and  Charitable 
Societies,  and  Societies  for  the  Advancement  of  Education, 
and  to  renew  and  amend  the  charters  of  others,  heretofore 

GRANTED. 

I.  Br  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 

Hobrow  Renev-  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same.  That 

i.e-     the  charters  of  the   "Hebrew  Benevolent  Society  of  Columbia,"  and  of 

tor.  "  The  South  Carolina  Sunday  School  Union,"  heretofore  granted,  be,  and 

the  same  are  hereby,  renewed,  with  all  the  rights  and  privileges  heretofore 

granted  ;  and  that  all  acts  done  by  said  corporations  since  the  expiration  of 

their  charters  be,  and  the  same  are  hereby,  declared  as  good  and  valid  as  if 

said  charters  had  not  expired. 

Public  school         II.  That  W.  Peronneau  Finley,  E.  J.  C.  Wood,  G.  P.  Mims,  Auiery 

of  Aiken,  mcor-  •"  '  i 

p.  ration  of.  Coffin,  W.  F.  Pcrcival,  J.  II.  Cornish,  Lucius  Cuthbert,  J.  G.  Stecdman, 
Edward  Smith,  aud  W.  A.  Merritt,  Trustees  of  a  public  school  now  in 
operation  in  the  Town  of  Aiken,  be,  and  they  aud  their  successors  in  office 


OP   SOUTH   CAROLINA.  77 

are  hereby,  declared  a  body  politic  and  corporate,  by  the  Dame  of  the  A.  D.  i86i. 
"Trustees  of  the  Aiken  Public  School,"  with  power  to  bold  property,  real  '  r— -' 
and  personal,  to  an  am  tint  not  exceeding,  at  any  one  time,  the  sum  of 
twenty  thousand  dollars,  and  the  same  to  sell,  alien  and  convey;  and  to 
make  all  by-laws,  rules  and  regulations,  not  repugnant  to  the  laws  of  the 
land,  as  shall  by  them  be  deemed  expedient  for  the  better  management  of 
the  school,  now  in  existence,  under  their  government,  or  of  any  similar 
institution  of  a  literary  character  which  may  hereafter  be  founded  by  them. 

III.    That  all  free  white  persons  who  now  are,  or  who  may  hereafter  become,  Mounl  1  i  b 
members  of  the  Mount  Lebanon   Baptist  Church,  of  Edgefield  District,  be,  chu?ch??ncor- 
and  they  are  hereby,  declared   a  body  politic  and    corporate,  by   the   name  Pora,lou  of- 
and  style  of  the   "  Mount  Lebanon   Baptist  Church,"   and   as   such,  shall 
have  power  to  make  by-laws  necessary  lor  the  government  of  the  same,  and 
not  repugnant  to  the  laws  of  the  land;  to  sue  and  be  sued,  by  their  corporate 
title,  in  any  Court  in  this  State;  to  have   and  use  a   corporate  seal  ;  and  to 
have   and   enjoy   every    right,   power  and    privilege,   incident  to  such   cor- 
porations ;  and  the  said  corporation  is  hereby  empowered  to  hold,  retain, 
possess  and  enjoy  all  such  property,  real   and  personal,  as  it  may  have  and 
possess,  or  be  entitled  to,  or  which  shall  hereafter  be  given,  bequeathed,  or 
devised  to,  or  in  any  manner  acquired  by  it,  and  to  sell,  alien,  or  transfer 
the   same,   or  any  part   thereof:  Provided,  That  the   amount  of  property 
so  held  shall  iu  no  case  exceed  the  sum  of  twenty  thousand  dollars. 

In  the  Senate  Ilouse,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  fas  Senate. 
JAMES  SIMONS,  Speaker  House  of  Representatives. 


'.  \     ACT   TO  At  TIIORIZE    CERTAIN    BllLmNG   AND   LOAN    ASSOCIATIONS     No.  4597. 
TO    SUSPEND    THB    CALL   FOR   MONTHLY    INSTALMENTS. 

I.  Br  it  enacted  by  the  Senate  and   Ilouse   of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  instalments, 
the    "  Palmetto  Loan    and   Building  Association,"  the    " Savings' Building  pend  collection 
and    Loan   Association,"   the   "Relief  Loan    Association/'    the   "Mutual" 
Benefit  Loan  Association,"  and  tho  "  Home  Loan  aud  Building  Associa- 


78  STATUTES    AT    LA! 

a.  d.  1861.      tion,"  are  hereby  authorized  to  suspend  the  call  for  monthly  instalments, 
*"■ "~"r~—'    as  required  by  their  several  charters,  i!',  in  the  judgment  of  their  respective 

Boards  of  Directors,  such  suspension  shall  be  advisable. 

II.  That  this  Act  continue  of  force  until  the  first  day  of  January,  in  the 

year  of  our  Lord  one  thousand  eight  hundred  and  sixty-three. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  Bouth 
Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  Ifouss  of  Representatives. 


No.  4598.         AN  ACT  to  Encourage  the  Manufacture  op   Salt  witihn 

this  State. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 

Bait,  companies  and   sitting  in  General  Assembly,  and   by  the  authority  of  the  same,  That 
for  the  manu-  D  J  J  J 

factureof,  the  formation  of  two  joint  stock  companies,  for  the  manufacture  of  salt,  is 

authorized.  .  , 

hereby  authorized;  and  as  soon   as  either  of  said    companies    shall   have 

obtained   subscriptions  to  the   capital  stock  of  the  same,  in   shares  of  one 
hundred  dollars  each,  to  the   amount  of  five  thousand  dollars,  and    the  first 
Subscription  by  instalment  of  ten  dollars  paid  in,  the  Comptroller  General,  if  satisfied  of  the 
made.  '°W  solvency  of  such  subscriptions,  is  authorized  to  subscribe,  on  behalf  of  the 

State,  not  exceeding  five  thousand  dollars,  to  the  capital  stock  of  each 
company;  and  on  his  making  such  subscription,  and  paying  the  first 
instalment  thereon,  the  company  shall  be  considered  as  formed,  and  an  Act 
of  incorporation  attach,  so  as  to  constitute  the  subscribers  thereto  a  body 
corporate  and  politic,  by  such  name  and  style  as  the  said  body  corporate 
shall  designate  and  adopt ;  which  said  company  shall  have  perpetual  succes- 
sion of  members,  and  be  capable,  in  their  corporate  name,  to  exercise  all  the 
rights,  powers  and  privileges,  incident  to  bodies  politic  and  corporate, 
not  inconsistent  with  the  Constitution  and  laws  of  this  State. 
Votes  of  stock-  H-  That  each  stockholder,  in  any  company  formed  under  this  Act,  at  all 
holders.  meetings  of  the  stockholders,  shall  be  entitled  to  a  vote  for  every  share  such 

stockholder  shall  have  in  said  company. 
Capital,  HI-  That  each  company  may  prescribe  the  manner  and  time  of  paying  in 

the  balance  of  the  capital  stock  of  the  company,  and  the  sale  and  trausfer  of 


OF   SOUTH   CAROLINA.  79 

the  stock  of  delinquent  stockholders,  and  require  payment  of  any  balance      a.  d.  1S61. 

remaining  after  sale  of  such  stork.  ^-^v~"^ 

TV.  That   the  State  in    no  event  shall    be  liable   on  any  contract  or  State  not  liable 
,,..„,  -,.  , ,         ~  "   . ,  tor  acts  of  oom- 

obhgahon  of  the  company,  to  any  creditor  or  stockholder  of   said  company,  pany. 

over  and  above  the  payment  of  the  subscription  to  the  capital  stock  of  such 
company;  that  the  company  or  companies  shall  make  annual  reports,  each,  of 
its  condition  to  the  Legislature;  and  that  no  company  shall  divide  more  than 
twenty  per  cent,  profit;  and  in  case  of  a  dissolution  of  a  company,  to  make 
an  equal  division  of  the  capital  stock,  or  so  much  thereof  as  may  remain,  and 
profits,  amongst  the  stockholders,  and  such  portion  thereof  as  shall  be  com- 
ing to  the  State,  be  paid  into  the  Treasury. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  POBTER,  President  of  th<  Senate. 
JAMES  SIMONS,  Speaker  House  of  Representatives. 


AN   ACT   TO   AMEND    AN  ACT  ENTITLED   "  An  Act  TO  INCORPORATE  THE     No.  4599. 

Ciieraw  and  Coal  Fields  Railroad  Company  in  South  Caro- 
lina," RATIFIED  ON  THE  21sT  DAY  OF  DECEMBER,  A.  D.,  1857,  AND 
FOR   OTHER    PURPOSES. 

I.  Be  it  enacted  by  the  Senate  and   House  of  Representatives,  now  met 

and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  the  NewCommis- 

si  i  'liters. 

second  section  of  an  Act  entitled  "An  Act  to  incorporate  the  Choraw  and 
Coal  Fields  Railroad  Company,"  ratified  the  twenty-first  day  of  December, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-seven,  be,  and 
the  same  is  hereby,  amended,  so  that  William  Godfrey  and  Daniel  B. 
McArn  shall  be  substituted  as  Commissioners,  in  the  place  of  John  C. 
Wadsworth  and  James  M.  Threadgill,  named  in  said  Act. 

II.  That  the  company  chartered  by  said  Act,  when   organized,  and  the  Powers 
.President  and  Directors  thereof,  shall,  in  addition  to  the  powers,  rights  and  mcrett8ed- 
privileges  granted   by  said   Act,  have  all  the  powers,  rights  and  privileges, 

and  be  subject  to  the  same  liabilities,  except  as  otherwise  specially  provided 
for,  as  are  conferred  and  imposed  by  the  amendments  to  the  charter  of  the 
Cheraw  and  Coal  Fields  Railroad  Company,  by  an  Act  entitled  "An  Act 


80 


STATUTES    AT    LARGE 


a.  D.ibsl      to  revive  and  continue  in  force  an  Act  entitled  '  An  Act  to  incorporate  the 
Cherawand  Coal  Fields  Railroad  Company,'"  passed  by  the  General  At 
bly  of  the  State  of  North  Carolina,  at  the  Beesion  of  1856V57,  chapter  ni>. 
ratified  on  the  thirteenth  day  of  September,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  ami  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  tl, 

JAMES  SIMONS,  Speaker  Unas,   of  Representatives. 


No.  4600. 


AN  ACT  to  incoporate  the  York  Gas-Lic.ht  Company. 


Corporators. 


Powers  and 
liabilities. 


Real  estate, 
authority  to 
hold. 


I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
John  H.  Adams,  Henning  F.  Adickes,  J.  Rufus  Bratton,  Richard  S.  Moore, 
Stanhope  Sadler,  and  others,  who  now  are  members  of  the  York  Gas-Light 
Company,  and  such  other  persons  as  may  become  members  thereof,  be,  and 
they  are  hereby,  declared  a  body  politic  and  corporate,  by  the  name  of  the 
"York  Gas-Light  Company,"  with  a  capital  of  sixteen  thousand  dollars,  and 
the  privilege  to  increase  the  same  hereafter  to  any  sum  not  exceeding  thirty 
thousand  dollars. 

II.  That  the  said  company  shall  have  succession  of  officers  and  members, 
and  shall  have  authority  to  make  rules  and  by-laws,  not  repugnant  to  the 
laws  of  the  land  ;  to  have  and  use  a  common  seal ;  to  sue  and  be  sued, 
plead  and  be  impleaded,  by  their  corporate  title,  in  any  Court  of  law  or 
equity  in  this  State ;  and  to  have  and  enjoy  all  and  every  right  and  priv- 
ilege, incident  and  belonging  to  incorporated  bodies. 

III.  That  the  said  company  shall  be  able  and.  capable,  in  law  and  equity, 
to  have,  hold,  receive,  possess,  enjoy  and  retain,  all  such  property,  real  and 
personal,  as  they  may  now  be  possessed  of,  or  in  any  wise  entitled  to,  or 
which  shall  have  been,  or  shall  hereafter  be,  given  or  bequeathed  to,  or  in 
any  way  acquired  by  them ;  and  shall  have  power  to  alien,  sell,  or  other- 
wise dispose  of,  the  same  or  any  part  thereof :  Provided,  The  amount  so 
held  by  the  said  company  shall  in  no  case  exceed  in  value  the  sum  of 
twenty  thousand  dollars. 


OF   SOUTH    CAROLINA.  81 

IV.  That  the  capital  stock  of  said  company  shall  be  divided  into  shares  of     a.  D.  lsei. 
one  hundred  dollars  each,  and  on  any  increase  of  the  capital,  as  hereiube-     ^~~v — -' 
before  provided  for,  the  same  shall  be  raised  by  subscription,  in  shares  of   ar' 
oue  hundred  dollars  each.     And  at  the  election  of  officers,   and  on  all  mat- 
ters that  may  be  submitted  to  a  vote  of  stockholders,  each  shall  be  entitled 
to  one  vote  for  each  share  held  by  him. 

A'.  That  the  shares  in  the  capital  stock  of  the  said  company  shall  be  Sio.-k  personal 
deemed  personal  estate,  and  be  transferable  only  on  the  books  of  the  said 
company.  And  no  part  of  the  said  capital  stock  shall,  at  any  time,  or 
under  any  pretence  whatever,  be  loaned  to,  or  divided  among,  the  stock- 
holders;  nor  shall  said  capital  be  withdrawn  or  divided  among  the  stock 
holders,  until  all  the  liabilities  of  the  company  have  been  fully  paid  ;  nor 
shall  any  dividend  at  any  time  be  declared,  except  of  the  net  earnings  and 
profits  of  the  company,  over  and  above  the  capital. 

VI.  That  the  said  company  shall  have  power  to  manufacture,  make  and  Business, 
sell  (las,  to  be  made  of  rosiu,  coal,  oil,  turpentine,  or  other  material,  and  to 
furnish  such  quantities  of  Gas  as  may  be  required  in  or  near  the  town  of 
Yorkville,  for  lighting  the  streets,    stores,  and  buildings  there  situate,  and 

for  other  purposes ;  to  lay  pipes  or  other  conductors,  for  conducting  Gas 
through  the  streets,  alleys,  lanes  and  squares  of  the  Town  of  Yorkville  and 
its  vicinity. 

VI I.  That  if  any  person  shall  wilfully  injure,  or  cause  to  be  injured,  any  injury. 
of  the  property  of  the  said  company,  such  person  shall  forfeit  and   pay  to 

the  said  company  treble  the  amount  of  damages  sustained  by  such  injury,  to 
be  recovered  by  action  in  any  Court  having  cognizance  thereof;  and  shall 
also  be  considered  guilty  of  a  misdemeanor,  and  being  thereof  convicted, 
shall  be  punished  by  fine  not  exceeding  three  hundred  dollars,  or  imprison- 
ment not  exceeding  one  year. 

A' III.  That  this  Act  shall  be  deemed  a  public  Act,  and  continue  of  force 
for  the  period  of  fourteen  years. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  House  of  Representative*. 
11 


82  STATUTES    AT    LARGE 

A.  D.1861.  .••  AN    ACT   TO  AMEND   A.N    Al   [    ENTITLED    'A.N    Air    To    KAISE    SlPPMES 
'  Y"~~ '  FOR    THE      YEAH      COMMENCING      IN      OcTnUEK.     ONE     THOUSAND      EltiHT 

ISO.  4001.  HDNMUSD   A.Mi    SIXTY,"    AMI    FOR    OTHER    1'llU'OSES. 

stock  instead  of  I.  Whereas  by  the  provisions  of  an  Act  entitled  "  An  Act  to  raise  sup- 
plies for  the  year  commencing  in  October,  one  thousand  eight  hundred  and 
sixty."  ratified  (be  twenty-eighth  day  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-one,  the  President  of  the  Hank  of 
the  State-  was  directed  to  issue  certain  bonds,  signed  by  him,  and  counter- 
signed by  the  Cashier  (if  the  said  Bank,  to  an  amouut  not  exceeding  six 
hundred  and  seventy-five  thousand  dollars  ;  and  whereas  a  portion  of  the 
said  bonds  have  been  disposed  of,  and  a  portion  still  remains  unsold,  and 
it  is  deemed  advisable  to  issue  certificates  of  stock,  instead  of  bonds,  as  pro- 
vided for  in  said  Act, 
By  whom  Be  it   there/ore  enacted  by   the  Senate  and   Ilouse   of  Representatives, 

now  met  and  sitting  in  General  Assembly,  and  by  the  authority  of  the 
same,  That  the  Treasurer  of  the  Lower  Division  be  authorized  to  issue 
certificates  of  stock,  to  be  signed  by  him  and  countersigned  by  the  Presi- 
dent of  the  Bank  of  the  State,  bearing  the  same  rate  of  interest  as  the  said 
bonds,  in  the  place  and  stead  of  so  much  of  tne  said  bonds  as  now  remain 
unsold  ;  and  that  upon  the  application  of  the  holders  of  any  of  the  said 
bonds  which  have  been  already  sold,  like  certificates  of  stock  may  be  sub- 
stituted for  the  said  bonds  signed  and  countersigned  as  above  directed. 
interest,  when  II.  That  the  interest  on  all  stock  so  issued  shall  be  paid  at  the  office  of 
payable.  the  Treasurer  of  the  Lower  Division,  in  Charleston,  on  the  first  days  of 

January  and  July  in  each  year, 
interest,  on  mil-      III.  That  the  interest  on  the  six  per  cent,  stock,  issued  under  the  provi- 
Stock,  when       sions  of  an  Act  entitled  "  An  Act  to  authorize  the  issue  of  certificates  of 
payable.  stock,  to  provide  for  the  military  defence  of  the  State,"  ratified  the  twenty- 

second  day  of  December,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  sixty,  shall  be  paid  semi-annually,  on  the  first  days  of  .January  and 
July  in  each  year,  instead  of  annually,  as  provided  for  in  said  Act. 
Bank  refunded  IV.  That  the  Bank  of  the  State  of  South  Carolina  be  refunded  the  sum 
acerainsum.  0f  one  riundred  and  fifty  thousand  dollars,  advanced  as  a  portion  of  the 
sum  appropriated  for  the  military  defence  of  the  State,  in  the  seventh  sec- 
tion of  an  Act  entitled  An  Act  to  raise  supplies  for  the  year  commencing  in 
October,  one  thousand  eight  hundred  and  sixty,  ratified  the  twenty-eighth 
day  of  January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-one.  And  the  Treasurer  of  the  Lower  Division  is  hereby  authorized 
to  pay  the  drafts  for  the  said  amount,  drawn  by  his  Excellency  the  Gov- 
ernor, countersigned  by  the  member  of  the  Executive  Council  charged  with 
the  Treasury  Department,  and  made  payable  to  the  Bank  of  the  State. 


OF   SOUTH   CAROLINA.  83 

V.  That  so   much   of  the  twelfth  section   of  the   Act    last  aforesaid,   as      A.  D.  1861. 
authorizes  the  Bank  of  the  State  of  South  Carolina  to  issue  notes  or  cer-   /       v— J 

Notes  ro*  i<m V" 

tificates  receivable  ill  payment  of  taxes   and  other  dues  to  the  State,  to   the  able,  authority 

amount  of  two  hundred  thousand  dollars,  be,  and  same  is  hereby,  repealed,  pealed. 

And  the  Bank  of  the  State   of  South   Carolina    is    hereby   authorised   aud  Advance 
tii  1  1      m  o    1      n  i  -ohargedto 

directed  to  charge,  as  an  advance  to  the  .treasury   01  the  State,  the  sum   ol  Treasury. 

two  hundred  thousand  dollars,  or  so  much  thereof  us   may    be   paid   to    the 

order  of  the  Governor  by  the  Bank,  in  pursuance  of  the  provisions  of  the 

said  twelfth    section    of  the   Act    aforesaid,  and  for  which  the  authority   to 

issue  notes  or  certificates,  is  hereby  repealed. 

In  the  Senate  Souse,  tin'  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  T).  PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  House  of  Representatives. 


AN  ACT  to  reoulatf,    Elections  op    Members    OF   THE   Legisla-    No.  4602. 

TURE    AND    OTHERS    WITHIN     THE    PARISHES     OF    St.     PHILIP    AND    St. 

Michael. 

I.   Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 

and  sitting  in  General   Assembly,  and  by  the  authority  of  the  same,  That  st.  Philip's  and 

;  .  *,  St  Michael's, 

the    elections   (or    a    member   of  Congress,    members    of   the    Legislature,  Election  Pre- 

cincts  in 
Sheriff's,  Clerks,  and  all  other  District  officers   to  be  elected   by  the  people  Parishes  of. 

within  the  Parishes  of  St.  Philip  ami  St.  Michael,  shall  in  future  be  held  at 
ten  different  places — one  of  which  shall  be  held  in  Ward  number  one  of 
the  (lily  of  Charleston,  one  in  Ward  number  two,  two  in  Ward  number 
three,  two  in  Ward  number  four,  one  in  Ward  number  five,  one  in  Ward 
number  six,  one  in  Ward  number  seven,  and  the  other  one  in  Ward  num- 
number  eight;  and  the  residents  in  the  same  shall  be  authorized  and  re- 
quired to  vote  in  that  Ward  of  the  city  in  wlvch  they  respectively  reside, 
and  nowhere  else  within  the  said  Parishes.  The  residents  of  the  said 
Parishes,  who  reside  outside  of  the  limits  of  the  City  of  Charleston,  are 
hereby  authorized  and  required  to  vote  at  cither  of  the  polls  established  in 
M  aids  number  seven  or  number  eight,  at  their  option.  That  three 
Managers   for   each   of    the    polls  hereby  established    shall  be  appointed 


84  STATUTES    AT    LARGE 

a. d. i86i.  by  the  General  Assembly;  and  the  Board  of  Managers  thus  formed 
shall  have  authority  so  to  locate  the  various  polls,  and  prescribe  the 
boundaries  of  the  new  election  precincts  herein  established  in  Wards 
numbers  three  and  four,  within  the  Wards  aforesaid,  as  will  best  suit,  in 
their  opinion,  the  convenience  of  voters. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one.  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  nnh-pendence  of  the  State  of  South 
Carolina. 

WILLIAM  D    PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  Howe  of  Representatives. 


No.  4603.  AN  ACT  to  suspend  the  ninth  section  of  an  Act  entitled  "  An 
Acf  to  raise  Supplies  for  the  year  one  thousand  eight  hun- 
dred and  twenty-three,"  and  for  other  purposes. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now   met 
Suspension  of    and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
i8238e°  °n   '     tne  ninth  section  of  an  Act  entitled  "  An  Act  to  raise  supplies  for  the  year 
one  thousand  eight  hundred  and  twenty-three,"   ratified  on   the   twentieth 
day  of  December,  in  the  same  year,  be,  and  the  same  is  hereby,  suspended 
until  the  first  day  of  January  which  shall  be  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-three. 
Returns,  de-  II.  That  it  shall  be  the  duty  of  the  several  Boards  of  Commissioners  of 

Free  Schools,  who  have  made  default  in  making  their  returns  to  the  present 
session  of  the  Legislature,  as  required  by  law,  to  make  such  returns,  together 
with  the  additional  return  which  will  be  then  due,  to  the  session  commenc- 
ing on  the  fourth  Monday  in  November,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  sixty-two;  in  default  whereof,  all  appropriations  for 
the  use  of  any  such  defaulting  Board  shall  be  withheld. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  .State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  House  of  Representatives. 


OF   SOUTH   CAROLINA.  85 

an  act  to  authorize  the  board  of  trustees  and  faculty  of     a.  d.  1861. 

the  Medical  College    of   South    Carolina   to    apply    certain    * » ' 

funds  to  the  payment  of  debt,  and  to  other  purposes.  no.  4604. 

I.  Be  it  enacted  by  the  Senate  and  ITouse  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same.  That  responded 
the  Board  of  Trustees  and  Faculty  of  the  Medical  College  of  South  Caro-  applied  to 
lina  be,  and  they  are  hereby,  authorized  and  empowered  to  apply  the  unex- 
pended remainder  of  the  sum  of  twenty  thousand  dollars,  appropriated  by 
the  State  for  the  use  of  the  said  College,  on  the  twentieth  day  of  Decem- 
ber, in  the  year  of  our  Lord,  one  thousand  eight  hundred  and  fifty-three, 
to  the  following  uses,  to  wit:  Three  thousand  dollars  to  the  payment  and 
reduction  of  the  debts  of  the  said  College,  and  two  thousand  dollars,  or  the 
residue,  to  such  purposes  as  the  said  Trustees  and  Faculty  may  determine. 

In  the  Senate  House,  tlio  twenty-first  'lay  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  P.  PORTER,  President  of  tie  Smote. 
JAMES  SIMONS,  Speaker  Bouse  of  Representative*. 


AN  ACT  to   require   the    Circuit   Judges   to   send,   with   their    No.  4605. 
Reports  to  the  Appeal  Court,  the  Notes  of  Evidence   taken 
on  the  Trial. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same, 
That  on  request  of  any  party  interested  in  the  appeal,  the  Judge  before  Notes  of 
whom  the  case  may  be  tried  on  circuit,  shall  send,  with  his  report  to  the 
Court  of  Appea's,  the  notes  of  evidence  taken  by  him  on  the  trial,  or  a  cer- 
tified copy  of  the  same. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eisrht  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM    D.   PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  House  of  Representative. 


to  penalty. 


86  STATUTES    AT    LARGE 

A.  D.  ISO.        AN    ACT     TO    ALTER    AND     AMEND    TITE     SECOND     SECTION     OF     AN     ACT 
' < '  ENTITLED    "A.N    ACT    TO    ALTER    AND    AMEND    THE    LAW    IN    ULLATKiN 

No.  4606.       to  Fish   Sluicks    oh  tiik   Catawba  and  Wateree  rivers,  and 

FOR   OTHER    PI  EU  OSES." 

I.  Br  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
Amendment aa  and  sitting  in  (iuncral  As^cmblv.  and  by  tbe  authority  of  the  same,  That 
the  second  section  of  an  Act  entitled  "  An  Act  to  alter  and  amend  the  law 
in  relation  to  Fish  Sluices  on  the  Catawba  and  Wateree  rivers,  and  for 
other  purposes,"  ratified  on  the  twentietb  day  of  December,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-seven,  be  so  altered  and 
amended  as  to  read  as  follows:  That  any  person  who  shall  be  convicted,  by 
indictment,  in  the  Court  of  Sessions,  of  obstructing  the  Fish  Sluices  in  Con- 
garee,  Wateree  and  Santee  rivers,  shall  be  fiued  and  imprisoned,  at  the  dis- 
cretion of  the  Court. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty -one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  President  of  the  Senate.    , 
JAMES  SIMONS,  Speaker  House  of  Representatives. 


No.  4607.    AN  ACT  to  alter  the  time  of  holding  the  election  for  Ordinary 

of  Anderson  District. 

I.  Be  it  enacted  by  the  Senate  and   House   of  Representatives,  now  met 
Ordinary,  and  sitting  in  General  Assembly,  and   by  the  authority  of  the  same,  That 

of  election  of.  the  next  election  for  Ordinary  of  Anderson  District  shall  be  held  on  Tues- 
day after  the  second  Monday  in  October  which  shall  be  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two,  and  on  the  same  day  in 
every  fourth  year  thereafter. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.   PORTER,  President  of  the  Senate. 

JAMES  SIMONS,  Speaker  House  of  Representatives. 


OF    SOUTH   CAROLINA.  87 

an  act  to  confer  the  rights  of  legitimacy  on  a  certain  ciiild     a.  d.  1861. 

of  Mary  Mii.i.inax.  *— ~\       ' 

No.  4608. 

I.  I>r  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same, 
That  the  natural  son  of  R.  W.  Hughes,  begotten  upon  the  body  of  Legitimized. 
Mary  Mullinax,  with  whom  the  said  It  \V.  Hughes  has  since  intermarried, 
called  by  the  name  of  Franklin  Elmore  Hughes,  be,  and  he  is  hereby, 
invested  with  all  the  rights  and  privileges  of  a  legitimate  ohild,  and  autho- 
rized and  entitled  to  take  and  hold  real  and  personal  estate,  under  the 
statutes  for  the  distribution  of  intestates'  estates,  or  as  legatee  and  devisee 
of  his  said  parents,  in  the  same  manner,  and  to  the  same  extent,  as  if  he  had 
been  born  in  lawful  wedlock. 

In  the  Senate  House,  the  twenty-flrst  day  of  December,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  Bixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  P.  PORTFR,  President  of  the  Smatr. 

JAMES  SIMONS,   Speaker  House  of  Bepresentalivcs. 


an  act  to  authorize  trustees  to  invest  funds  in  bonds  of    no.  4609. 
the  Confederate  States. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Confedernte 
Groardians,  Trustees,  Administrators,  Executors,  Masters  and  Commis-  ninds  may  be 
sioners  in  Equity,  and  all  other  persons  holding  funds  in  trust  for  invest- 
ment, are  hereby  authorized  to  invest  the  same  in  bonds  of  the  Confederate 
States  of  America  :  Provided,  That  as  to  Masters  and  Commissioners  there 
be  no  order  of  the  Court  directing  a  different  investment. 

In  the  Senate  House,  the  twenty-flrst  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  Bixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.  PORTER,  resident  of  the  Senate. 
JAMES  SIMONS,  Speaker  House  of  Representatives. 


STATUTES   AT  LARGE. 

A.  D.  1861.        AN    ACT    TO    AMEND    THE    LAW    AS    TO    THE    ELECTION    OF    OFFICERS    OF 

1 v '  the  South  Carolina  College. 

No.  4610. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 

College  officers,  and  sitting  in  General   Assembly,  and  by  the  authority  of  the  same,  That 

elected.  the  second  section  of  an  Act  entitled  "  An  Act  to  alter  and  amend  an  Act 

entitled  an  Act  to  establish  a  College  at  Columbia,"  passed  on  the  twentieth 

day  of  December,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

twenty-five,  be  so  amended  that  it  shall  be  lawful  for  the  Board  of  Trustees 

to  elect  officers  for  the  College  at  the  semi-annual,  as  well  as  the  annual, 

meeting  of  the  Board  :  Provided,  That  a  majority  of  the  whole  Board  are 

present. 

In  the  Senate  House,  the  twenty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-one,  and  in  the  eighty- 
sixth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

WILLIAM  D.   PORTER,  President  of  the  Senate. 
JAMES  SIMONS,  Speaker  House  of  Representatives. 


COMMISSIONER    OF    DEEDS, 

APPOINTED  DURING  THH  YEAR  1861. 


NAME.  STATE.  RESIDENCE. 

Lewis  Levy,     .     .     .     Georgia,     .     .     .     Augusta. 


INDEX    TO    ACTS    OF    1861. 


A. 

APPROPRIATIONS. 

PiOB 

Appropriations,  an  Act  to  make,  for  the  year   commencing  in   October 

1861 -1 

The  Executive  Department 4 

The  Legislative  Department 4 

The  Judiciary  Department 5 

For  Treasury  Department 6 

For  South  Carolina  College 7 

For  ordinary  civil  expenses 7 

For  Military  expenditures 8 

For  ordinary  local  expenditures 8 

For  extraordinary  expenditures 9 

B. 

BARNWELL  RAILROAD. 

Barnwell  Railroad,  an  Act  to  aid  in  the  construction  of  the 68 

Bonds  of,  to  be  endorsed  by  State 68 

Restrictions  upon  use  ot'  endorsed  bonds 6!) 

Lien  ou  road,  endorsed  bonus  to  constitute  a 60 

Lien,  State  to  be  invested  with  a 69 

Laws,    State   reserves    the  right   to   enact,  tor  the   preservation   of  its 
interests 69 

BUILDING  AND  LOAN  ASSOCIATIONS. 

Building  and  Loan  Associations,  an  Act  to  authorize  certain  to  suspend 

the  call  for  monthly  instalments 77 

Instalments,  power  to  suspend  the  collection  of. 77 

Limitation  of  Act 78 


ii  INDEX  TO  THE   ACTS. 

c. 

CITY  COUNCIL  OF  CHARLESTON'. 

Paoe 
Notes  receivable,  an  Act  to  authorize  the  City  Council  of  Charleston   to 
issue  and  put  in    circulation,  in   payment  of  taxes   or  dues  to   the 

city 21 

Notes  or  certificates,  form  of 21 

Redeem,  refusal  to,  penalty  lor 22 

Limitation  of  Act 22 

CITY  OF  CHARLESTON. 

City  of  Charleston,  an  Act  for  rebuilding  the,  after  the  recent  confla- 
gration    28 

Bonds.  Governor  to  issue 28 

When  payable 28 

Interest 28 

Form  of  bonds 28 

Agents  for  negotiation  of  bonds 29 

Loans,  how  to  be  made 29 

Bonds,  applicants  for  loans  to  give 29 

Mortgage  to  secure  loans,  form  of 29 

Further  loans,  how  made 30 

Commissioners  of  valuation 31 

Wooden   buildings,   no    loans    to    be  made    on   lots  having,   unless  on 

security  for  their  removal 31 

Interest  on  loans 31 

Bonds,  single,  may  be  taken,  in  what  way 32 

Titles,  abstract  of  unrecorded,  to  be  furnished 32 

Policy  of  insurance  required 32 

Loan,  preliminary  applications  for 32 

Guarantee  to  State,  City  Council  to  pass  an  ordinance  of 32 

Lessee  or  tenant  for  life,  loan  may  be  made  to 32 

Mortgage  a  charge  upon  the  land 32 

Officers,  fees  and  duty  of 33 

Bond  and  mortgage,   no  charge  to  be  allowed   Attorney  General  for 

drawing 33 

Loans  may  made  on  buildings  begun  since  the  fire 33 

Fire-proof  buildings  33 

Principal  and  interest,  default  in  payment  of 34 

Blank  mortgages  to  be  provided  by  Commissioners  of  Public  Buildings,  34 


INDEX   TO   THE   ACTS.  iii 

CHERAW  AND  COAL   FIELDS  RAILROAD  COMPANY. 

Paoe 
Cheraw  aud  Coal  Fields  Railroad   Company,  an  Act   to  amend  an  Act 
entitled  "  An  Act  to  incorporate  the.  in   South  Carolina,"  ratified 
on  the  21st  day  of  December,  A.  D.,  1857  ami  For  other  purposes,  79 

New  Commissioners  appointed 79 

Powers  and  privileges,  additional  granted 79 

Calhoun  Insurance  Company — (See  Insurance,  i 
Carolina  Insurance  Company — ^Sce  Insurance.) 

COTTON  PLANTERS'  ASSOCIATION. 

Cotton  Planters'  Association,  an  Act  to  charter  a 45 

Cotton  Loan  Association,  mode  of  forming  a 45 

Charter,  duration  of 46 

Privileges  under  this  Act.  the  terms  on  which  thej  may  he  secured 47 

Pills  or  nulcs,  AssOoiatlOD  may  issue 47 

Bill  am!  notes,  obligatory  as  promissory  notes 47 

Dividends,  Association  to  declare  semi-annual 47 

Annual  Statement,  Directors  shall  make  an 47 

Failure  of  Association,  liability  of  subscribers  in  case  of 48 

Assets,  to  be   held   by  the   Directors   in  case  id'  dissolution  of  an  Asso- 
ciation   48 

D. 

DEBTORS. 

Debtors,  nn  Act  to  extend  relief  to,  and  to  prevent  the  sacrifice  of  prop- 
erty at  public  salis 18 

Mesne  or  final  process,  unlawful  to  serve  or  execute 18 

Fraudulent  disposition  of  property,  remedy  for 19 

Clerks  of  Courts,  duties  of 19 

Limitations,  partial  suspension  of  Statute  of 19 

Interest,  open  accounts  to  bear 20 

DISTRICTS  ON  THE  SEA-BOARD. 

Districts  on  the  Sea-Board,  an  Act  to  provide  Police  Regulations  for 

the 16 

Police  Courts  for  certain  Districts 16 

Powers  of  said  Courts 17 

Of  whom  composed 17 

Deputy  Marshals,  by  whom  appointed 17 

Patrols,  Provost  Marshals  to  have  control  of 17 


iv  INDEX  TO  THE   ACTS. 

Paoi 

Arrests,  by  whom  made 17 

Compenaal  17 

>hali 18 

Owners  and  overseers  to  aid  Marshals,  &c is 

Provision.-  of  this  Act  may  be  <  18 

£. 

ELECTIO 

Election  of  Members  of  the  Legislature,  an  Act  to  regulate,  and  others, 
within  the  Parishes  of  St.  Philip  and  St.  Michael S3 

St.  Philip's  and  St.  Michael's,  election  precincts  iu 83 

Election  of  officers  of  the  South  Carolina  College,  an  Act  to  amend  the 

law  as  to  the 88 

Election  of  Ordinary,  an  Act  to  alter  the  time  of  holding  the,  of  Ander- 
son District 86 

4 

F. 

FAMILIES  OF  SOLDIERS. 

Families  of  Soldiers,  an  Act  to  afford  aid  to  the 15 

Soldiers'  Boards  of  Relief  to  be  appointed 15 

Tax,  power  of  Boards  to  levy  a 15 

Tax.  Collectors  to  be  furnished  orders  to  collect 15 

Relief,  how  to  be  dispensed 15 

Secretary  and  Treasurer,  Boards  may  appoint 15 

Tax,  when  to  be  collected 16 

Tax,  manner  of  collecting 16 

Receipts  and  expenditures,  Boards  to  make  return  of. 16 

Soldiers'  Relief  Boards,  by  whom  appointed 16 

FISH    SLUICES. 

Fish  Sluices,  an  Act  to  alter  and  amend  the  second  section  of  an  Act 
entitled  "  An  Act  to  alter  and  amend  the  law  in  relation  to,  on  the 
Catawba  and  Wateree  Rivers,  and  for  other  purposes" 86 

FLORENCE  AND  FAYETTEVILLE  RAILROAD  COMPANY. 

Florence  and  Fayetteville  Railroad  Company,  an  Act  to  incorporate  the,  75 

Railroad,  authority  to  build  a 75 

Capital  Stock 75 

Subscriptions,  Commissioners  to  receive 75 


INDEX   TO   TEIi;  ACT?.  v 

P.tas 

Organization 7 ri 

General  powers 75 

Charges  for  transportation,  rate  of.  to  be  pro  rat:: 76 

FREE  PERSONS  OF  COLOR. 

Free  persons  of  color,  an  Act   to  grant  exemption  to  certain,  who  shall 

return  to  this  State,  from  penalties  now  provided  by  law 53 

Free  negroes  who  have  left  this  State,  in  what  cases  they  may  return...   53 

FUNDS. 

Funds,  an  Act  to  authorize  Trustees  to  invest,  in  bonds  of  the  Con- 
federate States 87 

G. 

Georgetown  Railroad,  an  Act  to  amend  an  Act  entitled  "  An  Act  to  aid 

in  the  construction  of  the" 57 

Bonds  of  the  Company,  State  to  endorse,  in  certain  cases 58 

I. 

INSURANCE. 

CALHOUN    INSURANCE   COMPANY. 

Capital  stock  of 38 

Commissioners  to  receive  subscriptions 38 

Books  to  be  opened 38 

Distribution  of  shares,  if  in  excess 39 

Further  subscriptions,  if  less  than  capital 39 

Franchises,  general  corporate 39 

Real  estate,  may  acquire  and  hold,  with  limitations  in  amount 39 

Business  of  the  incorporation 40 

Dividend,  in  what  case  Directors  shall  make  no 40 

Lost  capital,  stockholders  to  make  up,  or  company  to  go  into  liquida- 
tion   40 

Officers  are  individually  liable,  in  what  case i  40' 

Power  over  members 40 

Votes  of  stockholders  proportioned  to  shares 41 

Business,  when  to  be  commenced 41 

Invested,  proportion  of  capital  to  be 41 


vi  INDEX   TO   THE    ACTS. 

Pao« 

Dividends,  shall  not  exceed  twelve  per  cent 41 

Remaining  instalments,  Directors  empowered  to  call  in  the 41 

Charter,  duration  of 42 

CAROLINA    INSURANCE    COMPANY. 

Carolina  Insurance  Company,  an  Act  to  incorporate  the 53 

Name  and  style 53 

Capital  stock,  amount  of 53 

Commissioners  to  receive  subscriptions 53 

Books  to  be  opened 53 

Company,  subscribers  to  form  the 54 

Shares,  distribution  of,  if  in  excess 54 

Further  subscription,  if  less  than  8,000 54 

Powers  and  liabilities 54 

Real  estate,  company  may  acquire  and  hold 55 

General  powers 55 

Dividends,  in  what  case  Directors  shall  make  no 55 

Dividends,  prohibition  of,  in  case  one-third  the  capital  is  lost 55 

Loss  of  two-thirds  of  capital,  deficiency  to  be  made  up,  or  company  to 

cease  business 56 

Liability,  joint  and  several,  ou  failure  to  wind  up 56 

Rules  and  regulations  for  the  government  of  members,  corporation  may 

make 56 

Votes  proportioned  to  shares  held 56 

Business,  when  company  may  commence 56 

Books  of  company,  Legislature  reserves  right  to  examine 56 

Invested,  proportion  of  capital  to  be 57 

Instalments,  Directors  empowered  to  call  for  remaining 57 

INSURANCE   AND   TRUST   COMPANY   OF   CHARLESTON. 

Insurance  and  Trust  Company  of  Charleston,  and  the  Calhoun  Insurance 

Company,  an  Act  to  incorporate  the 34 

Name  an d  sty le 34 

Capital  stock,  amount  of 35 

Commissioners  to  receive  subscriptions 35 

Books,  time  and  mode  of  opening 35 

Shares,  distribution  of,  in  case  of  excess 35 

Subscriptions,  additional,  if  under  amount  of  capital 35 

Franchises  and  liabilities 35 

Real  estate,  right  to  acquire  and  hold,  with  limitation  iu  amount 36 

Powers,  general  corporate 36 


INDEX   TO   THE    ACTS.  vii 


Pace 
Depository  and  Receiver,  the  Courts  of  the  State  may  appoint  said  com- 
pany a 37 

Company  to  alios-  interest  on  funds  thus  held 37 

Rules  and   regulations,  company  may  make,  for  the  government  of  its 

members :!" 

Votes  of  stockholders  proportioned  to  shares  held M7 

Business,  when  to  be  commenced 38 

One-third  of  capital  to  be  invested  in  stocks  or  bonds 38 

Books  of  company  subject  to  examination  by  Legislature 38 

Remaining  instalments,  Directors  empowered  to  call  iu 38 

MUTUAL    FIRE    INSURANCE    COMPANY. 

Mutual  Fire  Insurance  Company  of  Columbia,  Act.  to  incorporate  the...  -is 

Name  and  style 48 

Capital  stock,  amount  of 4S 

Commissioners  to  receive  subscriptions 49 

Books  to  be  opened 40 

Company,  subscribers  to  form  the. 4!) 

Shares,  distribution  of,  in  case  of  excess  of  subscription 40 

Further  subscriptions,  if  less  than  li.OOO  shares 40 

Powers  and   liabilities 40 

Real  estate,  power  of  Company  to  acquire  and  hold 50 

General  business  powers 50 

Dividends,  prohibition  of,  in  case  one-third  the  capital  be  lost 50 

Rules  and  by-laws,  authority  to  make,  for  the  government  of  members...  50 

Votes,  proportioned  to  shares  held .Ml 

Business,  when  Company  may  begin 51 

Books  subject  to  examination  by  Legislature 51 

Investment,  proportion  of  to  be  Invested 51 

Profits  of  Company,  officers  to  mike  annual  estimate  of 51 

Credits  to  payers  of  premiums,  in  what  eases  to  be  made,  with   script 

evidence 52 

Script  fund  liable  for  losses 5 2 

TRENHOT.M    INSURANCE   COMPANY. 

Trenholm  Mutual  Insurance  Company,  an  Act  to  incorporate  the 44 

Name  and  style 41 

Capital  stock,  amount  of 44 

Commissioners  to  recen  e  subscriptions 44 

Books,  time  and  mode  ot  opening 44 

Powers,  general  corporate 44 

b 


HE    ACTS 


viii  INDEX    TO   THE   ACTS. 

Paoe 

Books,  power  to  postpone  the  opening  of. 44 

Duration  of  charter 44 

Remaining  instalments,  Directors  empowered  to  call  in  the 45 

L. 

LEGITIMACY. 

Legitimacy,  an  Act  to  confer  the  rights  of,  on  a  certain  child  of  Mary 
Mulliuax S7 

M. 

MEDICAL  COLLEGE  OF  SOUTH  CAROLINA. 

Medical  College  of  South  Carolina,  an  Act  to  authorize  the  Board  of 
Trustees  and  Faculty  of  the,  to  apply  certain  funds  to  the  payment 
of  debt,  and  to  other  purposes 85 

Members  of  the  Legislature — (See  Elections.) 

Mutual  Fire  Insurance  Company — (See  Insurance.) 

MILITARY  DEFENCE  OF  THE  STATE. 

Military  defence  of  the  State,  an  Act  to  authorize  the  issue  of  stock  to 
the  amount  of  one  million  eight  hundred  thousand  dollars  for  the..  26 

MILITARY   ESTABLISHMENT. 

Military  establishment,  an  Act  to  amend  an  Act  entitled  "  An  Act 
creating   a,  for  the   State  of  South  Carolina,  and   for  other   pur- 

)}  TO 

poses    16 

Artillery,  one  regiment  of 73 

Cavalry,  one  regiment  of 73 

Enlistments  for  three  years  or  the  war 73 

Military  and  Patrol  Laws,  an  Act  to  amend  and  suspend  certain  portions 

of  the,  of  this  State 11 

Ordinary  militia  duty,  persons  liable  to  do 11 

Ordinary  militia  duty,  persons  exempt  from 11 

Forty-eighth  section  of  militia  law,  suspension  of,  as  to  term  of  drafted 

men 11 

Quotas  of  volunteers  or  drafted  men,  in  proportion  of  whole  number 

liable  to  draft 11 

Organization  of  troops,  whether  volunteers  or  drafted 12 

Reduction  of  beat  oompani  s.  Acts  prohibiting,  suspended 12 

Eligibility  to  office,  laws  making  commissions  a  condition  of,  suspended..  12 
Musters  and  drills 12 


INDEX  TO  THE   ACTS.  ix 

Page 

Commissions  of  company,  battalion  and  regimental  officers,  vacated 12 

Voluuteer  companies  dissolved 12 

Requisitions  of  Act,  in  what  way  complied  with 13 

Election  lor  officers.  Adjutant  and  Inspector  General  to  issue  orders  for,   13 

Separate  beats,  when  they  shall  be  formed 13 

Companies  not  subject  to  draft 14 

Assistant  commissaries  and  quartermasters,  Governor  may  appoint 14 

Clerk,  Adjutant  and  Inspector  General  may  appoint  a 14 

Pee  Pee  Legion,  exemption  of  from  draft 14 

Pefaulters,  how  punishable 14 

Consistent  Acts  to  remain  of  force 14 

Inconsistent  Acts  suspended 14 

N. 

NOTES  OF  EVIDENCE. 

Notes  of  Evidence,  an  Act  to  require  the  Circuit  Judges  to  send,  with 

their  reports  to  the  Appeal  Court,  the,  taken  on  the  trial 85 

o. 

* 

Officers  of  the  South  Carolina  College — (See  Elections.) 
Ordinary  of  Anderson — (See  Elections.) 

P. 

PALMETTO  LYCEUM  OF  CHARLESTON. 

Falmctto  Lyceum  of  Charleston,  an  Act  to  incorporate  the 59 

Charter  members 59 

Privileges  and  liabilities 59 

Duration  of  charter GO 

PATROL  AND  MILITARY  GUARD. 
Patrol  and  Military  Guard,  an  Act  to  amend  an  Act  entitled  "  An  Act 
to  provide  a,  for  the  City  of  Charleston,  and  for  other  purposes"...  22 

Act  of  January  28,  1861,  extended 22 

Resignations  and  withdrawals 23 

R. 

RAILROAD  COMPANIES,  REPORTS  OF. 
Reports  of  Railroad  Companies,  an  Act  to  regulate  the,  and  for  other 
purposes 65 


x  INDEX   TO  THE   ACTS. 

Pint 

Reports,  when  companies  are  to  make 65 

Form  of  report t  >i  > 

Reports  in  Legi  lature,  existing  laws  requiring,  repealed 67 

RELIGIOUS  AND  CHARITABLE  SOCIETIES. 
Religious  and  Charitable  Societies,  and  Societies  for  the  Advancement 
of  Education,   an  Act   to   incorporate   certain,   and   to  renew  and 

amend  the  charters  of  others,  heretofore  granted 76 

Hebrew  Benevolent  Society  of  Columbia 76 

Public  School  at  Aiken.  ^ 76 

Mount  Lebanon  Baptist  Church 77 

ROADS,  BRIDGES  AND  FERRIES. 

Roads,  Bridges  and  Ferries,  an  Act  to  establish  certain,  and  to  renew 

and  amend  certain  charters  heretofore  granted 64 

Road,  a  new  to  be  opened  in  York  District 64 

Road,  Commissioners  to  lay  out  and  open  a  new,  in  Orange  Parish 64 

Galarant's,  established  as  a  public  ferry 64 

Bridge,  citizens  of  Anderson  aud   Greenville  empowered  to  keep  up  a, 

.over  Saluda  River 64 

Bridge,  Hiram  Cooly  permitted  to  receive  tolls  on  his 64 

Road,  an  existing,  in  St.  George's,  Dorchester,  declared  a  public 65 

Road,  appointment  of  Commissioners  to  lay  out  a  new,  in  Edgefield,  on 
certain  conditions 65 

s. 

SALT. 

Salt,  an  Act  to  encourage  the  manufacture  of,  within  this  State 78 

Salt,  two  companies  for  the  manufacture  of,  authorized 78 

Capital  stock 78 

State  subscriptions,  how  to  be  made 78 

Votes  of  stockholders 78 

Capital,  balance  of 78 

State  not  liable  for  the  acts  of  the  Companies 79 

Annual  reports,  Company  or  Companies  to  make 79 

Profits,  restrictions  upon  dividend 79 

Dissolution  of  Companies,  equal  division  of  profits  to  be  made  in  case  of,  79 

SOCIETIES,  ASSOCIATIONS  AND  COMPANIES. 

Societies,  Associations  and  Companies,  an  Act  to  incorporate  certain,  and 

to  renew  and  amend  the  charters  of  others,  and  for  other  purposes,   70 
Jasper  Greens 70 


INDEX   TO   THE   ACTS.  si 

Page 
Beauregard  Light  Infantry 70 

South  Carolina  Rangers 71 

South  Carolina  Commandery,  No.  1,  Knights  Templar 71 

Cheraw  Bridge  Company 71 

Charleston  Zouave  Cadets 71 

Summerville,  amendment  of  charter  of  the  town  of 72 

SOUTHERN   EXPRESS  COMPANY. 

Southern  Express  Company,  an  Act  to  incorporate  the 60 

Corporators f, 60 

Name  and   style 60 

Capita  1  stock 60 

Business  when  Company  may  commence 60 

Officers,  elections  of 61 

Elections,  in  what  cases  day  for  may  be  changed 61 

By-laws,  Directors  may  make 61 

Business  of  the  Corporation 61 

Office,  location  of  principal 02 

Meetings,  where  regular  shall  he.  held 62 

Unclaimed  freight,  how  disposed  of. "62 

Moneys  therefrom,  how  disposed  of ' 62 

Liability  of  stockholders 63 

Franchise,  when  to  attach 63 

Repeal,  this  Act  Bubject  to  modification  or 63 

Suits,  how  commenced 63 

STOCK. 

Stock,  an  Act  to  authorize  the  issue  of,  to  the  amount  of  one  million 
i  ight  hundred  thousand   dollars,  for   the  military  defence  of  the 

State,  and  for  other  purposes 26 

Loan  for  military  defence  authorized 26 

By  whom  made 26 

Stock  certificates,  by  whom  issued 26 

Books  of  registry 26 

Certificates,  form  of. 26 

By  whom  Countersigned 27 

Interest,  when  payable 27 

Stock,  when  redeemable 27 

Stock,  faith  of  State  pledged  for  redemption  of. 27 

Stock,  sales  of,  by  whom  made 27 

Moneys  due  the   Slate  by  the  Confederate  States,  to  be  placed  in  the 
Treasury 27 


xii  INDEX  TO  THE   ACTS. 

SUFFRAGE. 

H 

Suffrage,  an  Act  to  enable  volunteers  in  the  military  service  to  exercise 

the  right  of. , 20 

Suffrage,  to  be  exercised  by  volunteers 20 

Elections,  mode  of  conducting 20 

Military  managers  of  elections,  duty  of 20 

District  managers  of  elections,  duty  of. 21 

Repugnant  Acts  suspended 21 

SUPPLIES. 

Supplies,  an  Act  to  raise,  for  the  year  commencing  in  October,  1801 1 

Tax  on  land 1 

On  slaves 1 

Exemption  of  lands  and  slaves  in  possession  or  control  of  the  enemy 1 

On  free  negroes,  &c 1 

On  city  and  town  lots  and  buildings 1 

On  land  only,  where  buildings  were  burned,  in  Charleston 1 

Exemption  of  city  property  when  in  possession  of  enemy 1 

On  factorage,  professions  and  offices 2 

On  commissions,  &c 2 

On  Bank  capital,  bonus  unpaid 2 

On  foreign  bank  agencies 2 

On  gas  companies 2 

On  premiums  of  foreign  insurance  companies 2 

On  sales  of  merchandise  by  resident  merchants 2 

On  sales  of  merchandise  by  transient  persons 2 

On  circus  and  stage  exhibitions 2 

On  moneys  invested 2 

On  commercial  agencies 3 

On  cards  and  billiard  tables 3 

On  salaries 3 

Taxes,  to  whom  payable 3 

Commissions,  rate  of 3 

Police  taxes,  collectors  to  make  returns  of 3 

Free  negroes,  &c,  returns  of,  when  to  be  made 3 

Sullivan's  Island,  returns  of  property  on,  to  whom  to  be  made 3 

Exemption  of  property  used  or  destroyed  by  the  military 3 

Bank  of  the  State,   Columbia  Branch  to  pay   into  Treasury  certain 

moneys 3 

Supplies,  an  Act  to  amend  an  Act  entitled   "  An  Act  to  raise,  for  the 

year  commencing  in  October,  1800,  and  for  other  purposes...' 82 

Stock  to  be  issued  instead  of  bonds 82 


INDEX   TO   THE   ACTS.  xiii 

Take 

By  whom  to  be  issued 82 

Interest  on.  when  and  where  payable 82 

Military  defence  stock,  interest  on,  when  and  where  payable 82 

Bftnk  of  the  State  to  be  refunded  8150,000 83 

Notes  receivable,  the  Bank  of  the  State  to  issue 83 

Advance  to  the  Treasury,  the   Bank  authorized  to  charge  8250,000 

as  an 83 

Supplies,  an  Act  to  suspend  the  ninth  section  of  an  Act  entitled  "  An 

Act  to  raise,  for  the  year  1*2:5,"  and  for  other  purposes 84 

Ninth  section  A.  A.  1N'2.">,  suspension  of. 84 

Commissioners  of  Free  Schools,  default  of,  in  making  returns 84 

SUSPENSION  OF  SPECIE  PAYMENTS. 

Suspension  of  specie  payments  by  the  Banks  of  this  State,  an  Act  in 

reference  to  the,  and  for  other  purposes 42 

Suspension  of  certain  sections  of  certain  Acts 42 

Dfficss,  Banks  may  change  the  location  of  their 43 

Bills  issued  by  Banks,  where  payable  in  case  of  change  of  location 43 

Rules  and  regulations,  Directors  arc  authorized  to  make  all  needful 43 

T. 

Trcnholm  Mutual  Insurance  Company — (See  Insurance.) 

u. 

UNION  LIGHT  INFANTRY  CHARITABLE  SOCIETY  AND 

COMPANY. 

Union  Light   Infantry  Charitable   Society  and   Company,  an  Act   to 

amend  the  charter  of  the 74 

Honorary  members,  power  to  elect,  not  members  of  the  Company 74 

Incorporation • 74 

Process  issuing  from  Company.  Sheriff  to  execute , 71 

Charter,  limitation  of,  to  original 74 

w. 

WACCAMAW  LIGHT  ARTILLERY. 

Waccamav  Light  Artillery,  an  Act  to  authorize  the  formation  of  a 
volunteer  company  of  light  artillery,  and  to  incorporate  the  same, 
by  the  oame  of  the 67 

Inspect  and  receive,  Adjutant  and  Inspector  General  to 67 


xiv  [NDEX    TO    THE    ACTS. 

Officers <17 

Incorporation  of  Company '. 

Privileges 

Process,  S heriiT  to  enforce » >T 

waii  TAX. 

War  tax.  an  Act   to   provide   for  the  payment  by  the  State  of  the,  of 
the  Confederate  States,  ami  fur  the  collection  of  the  same  from  the 

tax-payers  of  this  Slate 23 

Funds,  how  to  be  provided 84 

Books,  by  whom  provided  and  distributed -\ 

Bonds,  Tax  Collectors  to  execute 2  I 

Collectors,  Governor  may  appoint  new,  on  failure  of  Collectors  to  execute 

bonds -i 

Opening  of  books,  times  for  the -4 

Re-opening  of  books,  time  for  the 25 

Tax,  levied  and  collected  same  as  Confederate  war  tax 25 

Compensation  to  Collectors L'5 

Returns,  when  and  to  whom  made 26 

Taxes,  how  and  by  whom  to  be  drawn  from  Treasury t 25 

Penalties,  all  existing,  made  of  force 25 

Medium  of  payment,  same  as  provided  for  State  taxes 2u' 

Y. 

YORK  GAS-LIGHT  COMPANY. 

York  Gas-Light  Company,  an  Act  to  incorporate  the 80 

Corporators 80 

Powers  and  liabilities 80 

Real  estate,  authority  to  acquire  and  hold 80 

Capital  stock  81 

Stock  deemed  personal  property %\ 

Business  of  the  Corporation 81 

Property,  Company  may  sue  for  damages  to 

Duration  of  Corporation SI 


